[2024] UKUT 244 (AAC)

The conditions for entitlement to PIP are set out in Part 4 of the Welfare Reform Act 2012 (WRA 2012) and The Social Security (Personal Independence Payment) Regulations 2013 (the PIP Regulations). Under s 80 of the WRA 2012 and reg 4 of the PIP Regulations the First-tier Tribunal must be satisfied that the claimant has a mental or physical condition which limits their ability to carry out the activities in Schedule 1 to the Regulations. Each of the activities in Schedule 1 has a set of descriptors and a points score. Under regulations 5 and 6 of the 2013 Regulations, a claimant who scores 8-11 points on the daily living component or mobility component is entitled to PIP at the standard rate for that component; 12 or more points on a component entitles a claimant to an enhanced award on that component. In relation to each descriptor, the First-tier Tribunal needs to consider as required by regulation 4(2A) and (4) whether the claimant can carry out the activity safely, to an acceptable standard, repeatedly and within a reasonable time. By regulation 7, the claimant must normally satisfy the descriptor on over 50% of the days of the required period (as defined in that regulation).

Daily living activities 3 and 6 in Schedule 1 are of relevance to Ground 1 of this appeal. Daily living activity 3 is titled “Managing therapy or monitoring a health condition”. A claimant scores 1 point if they fulfil the following descriptor: