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Mrs QWH’s appeal is allowed
Mrs QWH’s appeal is allowed.
The First-tier Tribunal decision dated 19 October 2023 (heard under references SC015/23/00896 & 1691069695497500) is set aside so far as relating to the daily living component of personal independence payment. That part of the case is remitted to the Social Entitlement Chamber of the First-tier Tribunal, to be reheard in accordance with the directions at paragraph 58 of this decision.
REASONS FOR DECISION
Introduction
The claimant, Mrs QWH, appeals to the Upper Tribunal with my permission dated 17 June 2024. That permission was given on the papers.
- 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