PM (by his appointee v Secretary of State for Work and Pensions) (DLA): [2025] UKUT 85 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 11 March 2025.
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Judicial Summary
This decision is about Attention Deficit/Hyperactivity Disorder (ADHD) and the 鈥榮evere mental impairment鈥� route to entitlement to the higher rate of the mobility component of DLA found in section 73(3) of the Social Security Contributions and Benefits Act 1992 and regulation 12(5) of the DLA Regulations 1991. Having set aside the FTT鈥檚 decision for error of law, the Upper Tribunal in redeciding the appeal accepts the expert evidence provided by the SSWP on the appeal as establishing that a person with ADHD can meet the test in regulation 12(5) of the DLA Regs of being a person suffering from 鈥渁rrested development or incomplete physical development of the brain.