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Based on the research carried out on behalf of the Secretary of State for Social Security in 1984 by the Office of Census and Public Surveys, the GoveI1llIlent published a White Paper, The Way Ahead Benefits for Disabled People. 1 The new regime gave disabled people under 65 additional entitlement to lower mobility and care components of the Disability Living Allowance [D.L.A.] less serious mobility and care needs were recognised for which disabled persons could not claim any cash benefits before. The new legislation also granted a claimant the competence to self-assess unlike in the past whereby the disability-related benefits were assessable with reference to medical evidence. All three benefits (as well as the two levels of Attendance Allowance [A.A.]) are not means tested and do not attract any taxation. This article is concerned with the developments in the criteria of A.A. and D.L.A., as affected by recent case law? It will show that judges have not kept pace with modem changes. First, they have not modified their approaches, often to the serious detriment of disabled claimants, in line with the substantially more generous provision of disability benefits. Secondly, they have failed to faithfully implement the will of the Parliament, mirroring the improvement in the attitude of society towards disabled people, to enable them to playa full role in society and give them the means to lead an independent life in the community. The article will highlight some of the restrictive judicial

ANACHRONISTIC JUDICIAL APPROACHES TO DISABILITY BENEFITS LAW