Mallinson v Secretary of State for Social Security: HL 26 Apr 1994

A blind person needing help (active personal service) in getting about in unfamiliar places may be entitled to attendance allowance. The court was willing to give ‘bodily functions’ a fairly wide meaning. Seeing was a bodily function.

Lord Woolf and Lord Browne-Wilkinson
Gazette 15-Jun-1994, Times 28-Apr-1994, Independent 26-Apr-1994, [1994] 1 WLR 630
Social Security Act 1975 35(1)(a)
England and Wales
Appeal fromMallinson v Secretary of State for Social Security SSCS 21-Apr-1994
. .

Cited by:
CitedMoyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Appealed toMallinson v Secretary of State for Social Security SSCS 21-Apr-1994
. .
CitedCockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 01 November 2021; Ref: scu.83355