[2024] UKUT 244 (AAC)

The First-tier Tribunal’s Statement of Reasons (SoR) was issued on 22 September 2023 and permission to appeal was refused by the First-tier Tribunal on 15 December 2023. The appellant filed the notice of appeal to the Upper Tribunal on 18 January 2024.

By a decision sent to the parties on 29 February 2024, I extended time for admission of the application and granted permission to appeal.

The Secretary of State then filed a response to the appeal, in which she indicated that she supported the appeal, albeit on slightly different grounds to those I had identified in the grant of permission. The appellant, represented by the Free Representation Unit, welcomes the Secretary of State’s support of the appeal, but takes issue with certain aspects of the Secretary of State’s response.

The principal legal issue on this appeal (Ground 1) is whether assistance that the appellant appears to require putting on prescription compression stockings should count only for the purposes of daily living activity 3 (as assistance required in ‘managing therapy’); or whether it may also be taken into account in relation to daily living activity 6 (dressing and undressing). Ground 2 concerns activity 9 (engaging with other people face to face). Ground 3 concerns whether it was fair for the Tribunal to allow the hearing to proceed as a telephone hearing rather than adjourning to a face-to-face hearing.