Abstract

The Government has recently added an amendment to the section of the Disability Living Allowance and Disability Working Allowance Act 1991 relating to lower rate mobility. For the first time, a differentiation has been made in the approach to assessment between those with severe mental disability, from those with severe physical disabilities. The amendment has become known as the Dualeh Regulation. The background history is described and the wider implications considered. The lower rate mobility component (LRMC) of the living allowance, currently at £14.90 a week, is for people who can walk but because of severe mental or physical disabilities need guidance or supervision from another person when walking outdoors in unfamiliar places. It is to this section of the Act that the amendments were added.

Highlights

  • The Government has recently added an amendment to the section of the Disability Living Allowance and Disability Working Allowance Act 1991 relating to lower rate mobility

  • The Social Security and Child Support Commissioners are the specialised part of the Judiciary appointed to determine appeals on law under the Social Security Act 1990 and Child Support Act 1991

  • Their work involves giving interpretations of the law that are binding on the administrative adjudication and tribunal systems at the levels below them, and remedying procedural injustices in those systems

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Summary

Lucas The Dualeh Regulations

The Government has recently added an amendment to the section of the Disability Living Allowance and Disability Working Allowance Act 1991 relating to lower rate mobility. The lower rate mobility component (LRMC) of the living allowance, currently at »14.90 a week, is for people who can walk but because of severe mental or physical disabilities need guidance or supervision from another person when walking outdoors in unfamiliar places. It is to this section of the Act that the amendments were added

The Dualeh decision
Findings
The wider perspective

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