HC Deb 19 December 2001 vol 377 cc362-3W
Mr. Burstow

To ask the Secretary of State for Work and Pensions if adjudicating officers deciding on the eligibility for attendance allowance are advised to consider virtual inability to walk as defined by Cassinelliv. Secretary of State for Social Services TLR 6/12/91 as evidence that constant daytime supervision is required. [22959]

Maria Eagle

When assessing whether someone satisfies the qualifying conditions for attendance allowance, decision makers (known as adjudication officers until 1999) are advised to take into account, among other things, whether that person needs supervision from another to avoid danger. It is the Department's view that the Court of Appeal in Cassinelliv. Secretary of State for Social Services is not relevant here as it did not address the question of supervision and only considered the meaning of "severe discomfort" as it related to mobility allowance, a benefit replaced in 1992 by disability living allowance.