Facts: Mr Slavin suffered from, inter alia, a severe learning disability. After he went to stay at a care home, under NHS continuing healthcare, the Secretary of State terminated payment of the mobility component of his disability living allowance, on the basis that he was being maintained free of charge whilst undergoing medical or other treatment in a hospital or other institution.

Judgment: the Court of Appeal (Pills, Richards and Davis LJJ) held that although Mr Slavin suffered from a disability of the mind amounting to an illness, he was not receiving nursing care requiring the possession of a professional nursing qualification or training, so he was not undergoing ‘treatment’, accordingly, he was not disentitled to the mobility component of disability living allowance.