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Secretary of State for Work & Pensions v DH (A minor)

Civil Procedure - Disability Living Allowance - Care component - Assessment of needs - Meaning of ‘attention’

30 January 2004

The appellant (S) appealed against the order of the Social Security Commission that the respondent (D) satisfied the statutory criteria for an award of the care component of disability living allowance. D was registered partially sighted with Leber's optic neuropathy. Her appeal to the commission was made on the basis that the appeal tribunal had failed to take account of her needs whilst at school. The commission found that the assistance that D received at school did amount to a significant involvement by the school to satisfy the meaning of ‘attention’ under s 72(1)(b) of the Social Security Contributions and Benefits Act 1992. On this appeal, S argued that D's needs at school did not amount to ‘attention’ for the benefit of the 1992 Act. ISSUE Whether the respondent's needs at school amounted to ‘attention’ for the benefit of the Social Security Contributions and Benefits Act 1992. HELD (appeal dismissed) Permission to appeal was granted in this case on the ver...

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