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Ground 3: budgeting (activity 10)
Ground 3: budgeting (activity 10)
I also refused permission to appeal for Ground 3 so far as relating to budgeting (activity 10). I found that it was open to the First-tier Tribunal, for the reasons it gave at paragraphs 64 to 67 of the statement of reasons, to award no points for this activity. But this does not prevent the claimant from raising budgeting in the remitted appeal.
In granting permission to appeal, I invited the parties to agree only to the errors of law I had found arguable for Ground 3 so far as relating to daily living activities 1, 2 and 8. But I said a submission on all grounds I had found arguable would be needed from the Secretary of State if she opposed the appeal, which in the event she did not.
- Heading
- Mrs QWH’s appeal is allowed
- Factual and procedural background
- Appeal to the First-tier Tribunal
- Late application to the Upper Tribunal for permission to appeal to the Upper Tribunal
- Grounds of appeal to the Upper Tribunal
- Permission to appeal to the Upper Tribunal
- Ground 1
- Ground 2
- Ground 3: activities 1, 2, 6 and 8
- Ground 3: toilet needs (activity 5)
- Ground 3: budgeting (activity 10)
- Submissions
- Law
- Activity 1: Preparing food
- I take each of those points in turn Failure adequately to consider and make a finding as to whether the claimant needs prompting to be able to prepare or cook a simple meal
- Adopting the HCP’s flawed findings
- Failure adequately to explain why the First-tier Tribunal found that the claimant had “for the majority of time, the…mental ability to prepare and cook a simple meal for one”
- Failure to make findings as to repeatedly, to an acceptable standard and within a reasonable time period
- Application of the wrong test and failure to make findings as to whether the claimant can do so on over 50% of the days (rather than “for more than 50% of the time” or “for the/a majority of the time”
- Activity 2: Taking nutrition
- Activity 8: Reading and understanding signs, symbols and words
- Ground 1 and dressing and undressing
- Disposal
- Conclusions