DLA Motobility

[rockstitch]

Can anyone tell me if the Motobility part of DLA be reinstated and if so is this the Test cases that Judge Mesher has been hearing.

[Tony F Dordogne]

Hi Rockstitch

Confusion here I think.

The test cases (which are at the lower level and have not been heard by Judge Mesher) aren't about mobility at all, they're about the care component which were the subject of the ECJ decison in October 2007.  In that decision, the mobility element was excluded.

However, in a decision on another of the care component cases (not the current test cases) Judge Mesher felt that the decision on mobility should be referred back to the ECJ for reconsideration  as he evidently felt that mobility should have been included.

Basically, the test cases are about the 'easy bit', the ECJ decision having been made in October 2007, the mobility argument could be a similar battle if HMG - whichever party is in power after the general election - decide to argue, make life difficult and generally try to obfurscate or block the next ECJ decision on mobility, whenever that is made.