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Regulation 4(2A) of the Social Security (Personal Independent Regulations) 2013
Regulation 4(2A) of the Social Security (Personal Independent Regulations) 2013
The Tribunal in its assessment of whether the aid or appliance, supervision, prompting or assistance ameliorates the functional impairment to carry out the activity, must draw into its analysis, Regulation 4(2A) of the Social Security (Personal Independent Regulations) 2013 (see NA v SSWP (PIP) [2015] UKUT 572 (AAC)).
Regulation 4(2A) of the 2013 Regulations provides:
“(2A) Where C’s ability to carry out an activity is assessed; C is to be assessed as satisfying a descriptor only if C can do so –
(a) safely;
(b) to an acceptable standard;
(c) repeatedly;
(d) within a reasonable time period; …
- 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