Stewart Wright reports on the recent Tribunal of Commissioners' decision - CSDLA/133/2005 - which considered whether thinking is a bodily function and whether prompting and motivating can count as attention for AA and DLA purposes.
The Welfare Reform Bill was published on 4 July 2006. Amongst its foremost provisions are the basic rules concerning the employment and support allowance, which is expected to replace incapacity benefit and income support for incapacity from 2008. Drawing on the Bill and its predecessor, the Green Paper, Simon Osborne describes the main provisions and identifies some of the issues arising.
A recent commissioner's decision has accepted that 'thinking' is a bodily function for the purposes of disability living allowance. Stewart Wright considers the decision and the case law which preceded it.