A LANDMARK legal victory for a nine-year old partially-sighted girl will help young people throughout the country.

Durham County Council's welfare rights team represented the girl, from Newton Aycliffe, when her claim for Disability Living Allowance (DLA) was turned down.

The team argued at a tribunal that help she received in the classroom could count as attention for the purpose of DLA. But the tribunal rejected the argument and awarded a lower rate of benefit.

The team took the case to the Social Security Commissioner, who has the same status as a High Court judge and whose decisions make new law.

Senior welfare rights officer Phil Hanns said: "The commissioner agreed that help which involves an intervention such as a teacher or assistant describing a picture, or help with reading in the classroom, did count as attention.

"He made an additional award and decided that, although during school summer holidays this help would not arise and the conditions would not be satisfied, he could take a broad approach and the award could continue."

Mr Hanns said: "This is an important breakthrough in case law as it means that the help children get in the classroom now counts for DLA. It also means that where there are breaks in the care of people with a disability, such as school holidays, the benefit can still be paid."

For further advice contact 0191-383 6081 (Durham and Chester-le-Street), 0191-518 6000 (Easington), (01207) 291536 (Derwentside), (01388) 424200 (Sedgefield), or (01388) 744430 (Wear Valley and Teesdale).