[2024] UKUT 211 (AAC)

FTT ‘s are busy and have much to consider. It may therefore be helpful to provide a brief recap of how Tribunals should approach the consideration of regulation 4(2A) and regulation 7. RJ, GMcL and CS v Secretary of State for Work and Pensions (PIP) [2017] UKUT 105 (AAC), reported as [2017] AACR 32, provides some helpful guidance about how this should be done;

“As is clear from our analysis, regulation 7 has no part to play in the construction of regulation 4(2A) and (4). Indeed Mr Komorowski did not rely on regulation 7 in response to these appeals. He correctly accepted that if, for the majority of days, a claimant is unable to carry out an activity safely or requires supervision to do so, then the relevant descriptor applies. On a correct analysis, as we have determined, that may be so even though the harmful event or the event which triggers the risk actually occurs on less than 50 per cent of the days.