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Section 78 Welfare Reform Act 2012, in providing that an award is available only if ‘the person’s ability to carry out daily living activities is limited by the person’s physical or mental condition’ does not create a pre-condition. R (DLA) 3/06 applies: whether or not there is a limitation depends upon the level of functional impairment and the schedule 1 assessment procedure under the Social Security (Personal Independence Regulations) 2013 determines that.
(Obiter) A permanent retinal implant is not an aid or appliance under regulation 2. To construe the regulation to include such implants, many of which restore function, would subvert the Parliamentary intention to provide financial assistance to those with long term functional disability.