[2024] UKUT 185 (AAC)

The claimant’s main health condition is Multiple Sclerosis (MS), which is remitting and relapsing in nature, and he has had the condition for a number of years. When lodging his appeal with HMCTS [pp.2-6] the claimant asserted that he should have been awarded 8 points for daily living descriptor 5f – Needs assistance to be able to manage incontinence of both bladder and bowel.

The claimant went on to explain that MRI scans show lesions and scaring in his central nervous system in both his brain and spinal cord, and described suffering from various symptoms of his MS, which come and go in a remitting and relapsing cycle. However, the nerve damage has become permanent with regards to his bladder and bowel incontinence some years ago. He is not taking any medication for his MS due to its side effects. He is under the care of a Consultant Urologist and a Specialist Continence Practitioner and has Botox injections to help with his bladder incontinence [pp. 8-9, Addition A p.1 and Addition C p.2], which he states has had limited success.

The claimant is employed as a service support representative travelling in a works van to garages to make sure jet washers and other garage equipment is in working order.

The claimant has no control over when he will urinate or defecate, and he has no sensation of needing the toilet; his urine incontinence is more frequent, and he can change his pads numerous times a day. However, the pads do not always prevent leakage of the claimant’s bladder and or bowel incontinence.

Besides using pads, the claimant uses a bucket in his works van to defecate in whilst working, as he cannot get to a toilet in time, or a toilet might not be available to him, wet wipes to clean himself and his van; he also takes spare clothing with him to change into following a leakage episode.

The claimant in his written submissions [Addition B p.1 and Addition D pp.1-7] reiterates and expands upon the history and difficulties he experiences in managing his MS and his double incontinence. He contends that attending to his toilet needs takes more than twice as long as a person without his disability.