[2025] UKUT 267 (AAC)

Appeal No. UA-2025-000283-PIP

Between:

KW

Appellant

- v -

SECRETARY OF STATE FOR WORK AND PENSIONS

Respondent

Before: Upper Tribunal Judge Stout

Decided on consideration of the papers

Representation:

Appellant: In person

Respondent: Helen Hawley, DMA Leeds

On appeal from:

Tribunal: First-Tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: SC246/24/00045

Digital Case No.: 1700922047321084

Tribunal Venue: Grimsby (on the papers)

Decision Date: 3 June 2024

SUMMARY OF DECISION

PERSONAL INDEPENDENCE PAYMENT - GENERAL (41)

The First-tier Tribunal made a number of errors of law in assessing the claimant’s entitlement to Personal Independence Payment. The claimant has diagnoses of autistic spectrum disorder and schizotypal personality disorder and also experiences hyperacusis (noise sensitivity). The Tribunal failed to consider whether the claimant’s use of ear plugs to reduce noise when cooking, washing and bathing constituted an ‘aid’ and also failed to consider whether he was able to carry out those activities to an acceptable standard for the purposes of reg 4(2A) given his evidence as to pain experienced when undertaking those activities as a result of noise. The Tribunal also erred in law in discounting the claimant’s evidence as to his difficulties in engaging with others face-to-face and planning and following journeys on the basis that he had no diagnosed mental health condition, without explaining why it did not accept that his difficulties were a result of his diagnoses of autism and schizotypal personality disorder.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION