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First, whether a device can constitute an aid as defined in Social Security (Personal Independence Payment) Regulations 2013 (“the Regulations”), in circumstances where the device is a structural feat
First, whether a device can constitute an aid as defined in Social Security (Personal Independence Payment) Regulations 2013 (“the Regulations”), in circumstances where the device is a structural feature of the bath (i.e. bath handles). Does CW v SSWP (PIP) [2016] UKUT 197 (AAC) establish as a matter of general principle that any device which is normally used to carry out a function cannot constitute an aid. In this case, the Respondent invites the Upper Tribunal to conclude that fixed bath handles cannot constitute an ‘aid’ because they assist everyone getting into and out of a bath, not just those who have a functional limitation which prevents or limits them doing so.
Secondly, does an aid used by the claimant to get into or out of a bath (a grab rail), have the consequence of adapting a bath or shower? If the aid adapts the bath or shower, should it be discounted when assessing whether the claimant requires assistance to get into or out of an un-adapted bath (activity 4e)?
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 3 July 2023 under SC154/23/00620 was made in error of law. Under section 12(2) (a) and (b)(i)
- These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal
- First, whether a device can constitute an aid as defined in Social Security (Personal Independence Payment) Regulations 2013 (“the Regulations”), in circumstances where the device is a structural feat
- I am grateful to the Respondent for the supplementary submissions which are directed to the above issues The general scheme of the Welfare Reform Act 2012 and the Social Security (Personal Independence Payment) Regulations 2013
- Interpretation under Regulation 2, Schedule 1, Part 1 of the Social Security (Personal Independence Payment) Regulations 2013
- Supervision, prompting and assistance
- Regulation 4(2A) of the Social Security (Personal Independent Regulations) 2013
- Regulation 4(4) defines these concepts as follows
- The provision under consideration in the present case
- The context in which the present issues arise
- The Findings of the First-tier Tribunal
- The Appellant’s Grounds of Appeal
- Grant of Permission to Appeal
- The Secretary of State’s argument on the unsupported ground of appeal
- Analysis and Reasons
- Aids and Unadapted Bath or Shower
- As applied to the facts as found in this appeal
- Conclusions