Re:Housebound Definition

Hi,

Can anyone tell me if there is a legal definition of the term 'housebound'as applicable in England, UK?

Can someone classify themselves as 'housebound'or does a GP have to make that decision?

Many thanks
ML

Hi,

To the best of my knowledge, there is no legal definition of 'housebound',
but it is taken as someone who is confined to the house due to illness/disability most of the time.

However, if you're claiming DLA HRM, be very careful to describe yourself as 'housebound', since it could lead to a refusal, since those on DLA HRM must be able to what the DWP describe as 'being able to take advantage of enhanced facilities for locomotion'

This is an extract from a recent Commissioners Decision ( now called the Upper Tribunal)

"The purpose of the clause is to provide for the payment of a mobility allowance … to severely disabled people who are unable to walk, or are virtually unable to do so, and who are likely to remain so severely handicapped for at least a year. It will be available to disabled people over the age of five but under pension age. An award will not depend - as the present vehicle service depends - upon ability to drive a car. The person receiving the benefit will be able to use it in any way he chooses as being the most suitable to help with his mobility problems.

By definition of its title, the mobility allowance will not be payable to someone who is totally incapable of mobility. Here we have in mind, for example, someone who for medical reasons should not be moved or who is in a coma and has no appreciation of his surroundings. We all know that severe head injuries caused by a road accident may mean, in rare and tragic cases, that someone spends the rest of his life, such as it is, in a coma and dies without recovering consciousness. It would clearly be inappropriate to pay such a person a mobility allowance. Equally, it is not the intention that a severely disabled person who can appreciate a change of surroundings but for whom outings are infrequent - and expensive - should be disqualified. We fully accept also that quite severely mentally handicapped people can in their own way enjoy mobility which has been previously denied to them by their additional loco-motor disabilities."

34. The liberal construction of the notion of being able “to benefit from enhanced facilities for locomotion” has also been confirmed by subsequent case law. In Clarke v South Yorkshire Transport Ltd [1998] EWCA Civ 503, a decision of the Court of Appeal concerning the assessment of personal injuries damages, one of the issues was the extent to which the plaintiff’s receipt of mobility allowance should be taken into account. Mantell LJ rejected a narrow reading of what was then section 37A(2)(b), and is now section 73(8), noting that “The facilities may take a variety of forms and would certainly include whatever outings are provided for her for those who care for her.”

Hope this helps.

Pat

That's an interesting one Pat. I've been on HRM for some years and never knew that.

Hi Pat,

Thank you very much for your excellent response. The person in question is on HRM, and his situation is such that it is more appropriate for me as his carer to drive him in our own vehicle, and to move him around myself in his wheelchair, than to use the community transport offered by the NHS. This applies to very rare occasions that he must leave the house because the type of service he needs e.g. eye examinations with special equipment, x-rays for his teeth, cannot be performed inside our home. Thus far he has not been outside for non-medical or social purposes.

The difficulty is that it is the very act of leaving the house, sitting in and being moved around in any kind of vehicle or mobility aid (wheelchair) that causes increasing symptoms. Lying flat in transit, or being taken by stretcher from the house to the method of transport is neither necessary or of benefit.

Bearing this in mind, would you agree that he does fit a generally accepted meaning of 'housebound' but that he is still able to take advantage of 'enhanced facilities for locomotion'?

Many thanks
ML

Hi ML,

I've had a chat with JIm my husband, who is one of the original moderators for B & W. Prior to retirement he was Principal WRO for a large N.W. Metropolitan Borough Council, and also sat on DLA Tribunals as the Disability Specialist for 10 years.

He's not well enough to post in the forums at present, as he's just been discharged from hospital. His advice is not to worry, as it's obvious that he should be receiving DLA HRM and is able to benefit from 'enhanced facilities for locomotion' detailed in my original reply.

Best wishes.

Pat

Please excuse my ignorance.. what's HRM?