[2024] UKUT 381 (AAC)

The appellant appeals in relation to the First-tier Tribunal’s conclusion on daily living activity 1 (preparing food). The Tribunal awarded the appellant 2 points in relation to this activity on the basis that she “Needs to use an aid or appliance to be able to either prepare or cook a simple meal”. The Tribunal reasoned as follows:

“21.

Having regard to the level of functional ability [claimant] had on the majority of days during the required period in terms of dressing themselves daily, driving themselves to work and carrying out a full days work 4 days a week, the Tribunal considered that this supported the conclusion that they could prepare a simple meal for one on the majority of days with the benefit of aids, such as a perching stool, to reduce the amount of effort required for this activity bearing in mind the fatigue the Tribunal accepted that they suffered from.

22.

Whilst the Tribunal noted that [claimant] stated that aids did not assist them, it considered that an aid such as a stool for this activity would enable [claimant] to prepare or cook a simple meal safely, reliably, repeatedly and to an acceptable standard within a reasonable timeframe for the majority of days bearing in mind that they were able to work without adaptations from a seated position on the majority of days and had stated that they may be able to prepare a carrot whilst seated.

23.

Further, the Tribunal did not consider that any additional points were warranted in respect of this descriptor in terms of requiring supervision or assistance as it considered that [claimant] functional ability in respect of this activity would meet the requisite standard with the use of aids such as a perching stool.

24.

The Tribunal consequently decided to award 2 points in respect of this descriptor.