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A private care home with non-qualified staff was not providing “nursing”. Accordingly, a resident was not “undergoing medical or other treatment” so as to disentitle him from receiving disability living allowance.
9 December 2011
Court of Appeal (Civil Division), on appeal from Upper Tribunal (Administrative Appeals Chamber)
Pill; Richards; Davis LJJ
(i) The Secretary of State for Work and Pensions appealed against a decision of the Upper Tribunal which construed regulation 12A of the Social Security (Disability Living Allowance) Regulations 1991 such that Mr Slavin (S) was entitled to the mobility component of disability living allowance (DLA) because he was not “undergoing medical or other treatment as an in-patient… in a hospital or similar institution”.
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