The Findings of the First-tier Tribunal
The Findings of the First-tier Tribunal
The FtT allowed the Appellant’s appeal to the extent that he was entitled to standard rate for the mobility component, satisfying mobility descriptor 2c ‘can stand and then move unaided more than 20 metres but no more than 50 metres’. For the daily living activities, he scored 2 points for 4b (washing and bathing) and 2 points for 6b (dressing and undressing) and therefore was below the threshold for entitlement to the daily living activities component of PIP.
Central to the FtT’s reasoning for awarding the Appellant the above points, was his experience of breathing difficulties and breathlessness (see [21-24],[29] and [33] of the Statement of Reasons “SoR”). The FtT had before them medical evidence from a Consultant Chest Physician dated 27 June 2023, which confirmed that at the material time (20 June 2022), ‘[BC] is a gentleman who was treated for pulmonary tuberculosis at [C] University Hospital in 2019. He completed treatment but has been left with very marked scarring in both lungs, with the right upper lobe almost completely destroyed.’
- 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
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