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The context in which the present issues arise
The context in which the present issues arise
The Appellant, born on 20 November 1965, made a claim for Personal Independent Payment (“PIP”) on 20 June 2022. He was 56 years old at the date of the decision under appeal (20 June 2022). His medical conditions were recorded as essential hypertension, non-diabetic hyperglycaemia, bronchiectasis, benign prostatic hyperplasia, and chronic kidney disease stage 3.
The Respondent had awarded nil points for both components of Personal Independent Payment (“PIP”).
The Appellant was assisted at the FtT appeal hearing by his support worker, who also gave evidence.
The daily living activities in issue before the FtT were:
Activity 1: preparing food
Activity 2: taking nutrition
Activity 3: managing therapy or monitoring a health condition
Activity 4: washing and bathing
Activity 6: dressing and undressing
Activity 9: engaging with other people face-to-face
Activity 10: making budgeting decisions
Mobility activity 2 was also an issue before the FtT.
- 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