TC (by his appointee NC) v The Secretary of State for Work and Pensions (DLA): [2025] UKUT 356 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 17 October 2025.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 November 2025

• Categories: DLA, AA, MA: general and DLA, MA: mobility
• Sub-categories: DLA, AA, MA: general - severe behavioural problems and DLA, MA: mobility - children under 16
• Judges: Wikeley, N
• Decision date: 17 October 2025

Read the full decision in UA-2025-000324-DLA.

Judicial Summary

This case concerns the “severe mental impairment” (SMI) rules for entitlement to the higher rate of the Disability Living Allowance (DLA) mobility component. The decision of the First-tier Tribunal (FTT) that the claimant did not meet the criteria in the SMI rules, and in particular the “severe behavioural problems” test, was not adequately explained. The Upper Tribunal set aside the FTT’s decision and re-made the decision under appeal, awarding both the highest rate care component and the higher rate mobility component for the period in issue.

Published 5 November 2025