LORD DENNING GUIDELINE

I have lost track of where I found a statement by Lord Denning which went something like - "If help is being given it is axiomatic that it is needed - no mother would get up several times in the night to attend to her child if there was no need". Apart from the fact that mothers often do just that in the context of DLA claims it is a very useful passage. Can anyone identify where this comes from?

Sorry, Lord Denning gave so many judgements for DLA and the former Mobility & Attendance Allowance, I cannot put my finger on this one.

I can only suggest that you use a search engine such as Google and search for
eg. ' lord denning judgements on dla night needs' or similar and see if that helps.

You could also try Neligans Digest' of Commissioners Decisions which often quote from Denning & other Law Lords.

Good luck.

Jim

Hi Margie& jim1, I thought it might have been in a book i have but it was not. However there is a quote from Dennis Skinner MP, From 10th June 2004. "Those were the cold days indeed, and they continued year after year. Let us not have any Tory romantic mythology about their wonderful association with disabled people. They kicked them into the gutter". Seems nothing changes, Best Wishes

References to the House of Lords cases that follow, might give you a lead with Lord Denning re children.. from CDLA/16996/1996

The Commissioner, having regard to the authorities of Mallinson, Fairey and Cockburn, held .In my view, attention in connection with the bodily function of seeing to enable a sight impaired person to deal with (to use a neutral expression) her very young children is properly capable of counting as qualifying attention.

Other examples can be found on www.nwdial.org.uk/training%20files/DLA%2...20caselaw%20pack.pdf around page 144 or alternatively www.actionforblindpeople.org.uk/data/fil...riefing-2006-301.pdf

There are many Commissioners decisions ( now called the Upper Tribunal) which refer to judgements made by Lord Denning. However, Commissioners Decisions/Upper Tribunal Decisions do not carry as much weight as a House of Lords Decision, as that is the highest Court in the land.

As we cannot give advice on individual claims, you need 'face to face' advice from a welfare rights organisation, preferably a Law Centre which has lawyers
qualified in social security law, including case law.

If you don't have such a facility in your area, contact Community Legal Advice