§ 21. Mr. LlwydTo ask the Secretary of State for Social Security if he will make a statement outlining his response to the Mallinson judgment; and what action will be undertaken by his Department resulting from the judgment.
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§ Mr. ScottThe judgment in the case of Mallinsonv. the Secretary of State for Social Security has extended the scope of attendance allowance and the care component of disability living allowance by allowing a wider range of activities to be considered as
attention in connection with bodily functions".Independent adjudication officers are applying the terms of the judgment to the decisions that they make.
§ Mr. LlwydTo ask the Secretary of State for Social Security to what date the Government will backdate any changed entitlements to disability living allowance care component and the lower rate of attendance allowance following the Mallinson judgment.
§ Mr. ScottThe earliest date from which the benefit, or additional benefit, could become payable is 21 April 1994.
§ Mr. LlwydTo ask the Secretary of State for Social Security if he will estimate how many existing disability living allowance claimants will be entitled to(a) the middle rate of the disability living allowance care component and (b) the lower rate of attendance allowance as a result of the Mallinson judgment; and what plans his Department has to initiate a review of these cases.
§ Mr. ScottReliable information is not available as to the numbers of people who are currently in receipt of disability living allowance or attendance allowance and might gain as a result of the judgment in the House of Lords in the case of Mallinsonv. Secretary of State for Social Security. The Department has no current plans to initiate a review of those cases as major administrative disruption could be created in reviewing so many cases and the number of successful awards in the light of the judgment do not indicate that such disruption could be justified.