Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 339 (AAC)

Fecha: 27-Oct-2024

Grounds of appeal to the Upper Tribunal

14.

The claimant advanced the following grounds for seeking permission to appeal to the Upper Tribunal, all relating to the daily living component—

(1)

Ground 1: Failure to give reasons for considering it not appropriate to adjourn for an oral or telephone hearing (despite the claimant not wanting to attend such a hearing).

(2)

Ground 2: Failure to take account of evidence submitted to the First-tier Tribunal on 9 November 2023 (which was after the appeal had on 19 October 2023 been decided). The claimant’s representative told the Upper Tribunal that he had not seen the email. But he submitted that it was an error of law for the First-tier Tribunal not to take it into account because it could have been evidence of circumstances prevailing at the time of the decision.

(3)

Ground 3: Failure to make proper findings of fact in relation to activities 1, 2, 5, 8 and 10, that is, as to whether the claimant was able to undertake the activities safely, to an acceptable standard, repeatedly, within a reasonable time period and on over 50% of the days. For example—

(a)

The First-tier Tribunal awarded zero points for activity 5 whereas the claimant was recorded as telling the HCP on page 19 that she used a raised toilet seat and grab rails, and that if she was not going anywhere she would wear lounge clothes – it was not clear that lounge wear amounted to clothing;

(b)

In relation to activity 1, the claimant had said in the claim form on page 9 that due to mental health some days she did not feel like eating or cooking, the HCP records at page 19 that the claimant can prepare her own meals but mum tends to do it. There are no findings as to whether the claimant did prepare/cook food on over 50% of the days, or whether for example she required prompting.