[2024] UKUT 381 (AAC)

The appellant has a number of medical conditions, in particular chronic fatigue syndrome (CFS) and depression. The appellant appeals against the First-tier Tribunal’s decision of 16 January 2024 refusing the appellant’s appeal against the decision of the Secretary of State of 6 September 2022 that the appellant was not entitled to Personal Independence Payment (PIP) under Part 4 of the Welfare Reform Act 2012 (WRA 2012) and The Social Security (Personal Independence Payment) Regulations 2013 (SI 2013/377) (the PIP Regulations) from 13 June 2022 (the date of claim).

The Secretary of State had awarded the appellant 0 (zero) points on both the daily living and mobility activities. The First-tier Tribunal allowed the appellant’s appeal in part and awarded the appellant 6 points on daily living activities (2 points against descriptors 1b, 4b and 6b) and 4 points on mobility activities (descriptor 12b). However as these points were insufficient to qualify her for an award of PIP the appeal was dismissed.

The First-tier Tribunal’s Statement of Reasons (SoR) was issued on 6 April 2024 and permission to appeal was refused by the First-tier Tribunal in a decision issued on 18 June 2024. The appellant filed the notice of appeal to the Upper Tribunal on 17 July 2024 (in time). I granted permission to appeal in a decision sent to the parties on 12 September 2024.

The Secretary of State has responded to the appeal and supports it. The parties have consented to me determining the appeal on the papers and I am satisfied that it is appropriate for me to do so.