[2024] UKUT 271 (AAC)

The claimant’s representative submits the FTT failed to adequately consider Regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013, in particular safely. Given I have already found the FTT is in error of law on a number of grounds outlined above, I am not required to consider this point. I note the FTT did afford some consideration in its written reasons to whether the claimant had ever fallen as a result of mobility issues, albeit it did not specifically refer to the regulation or indeed to “safely”. In my view this is a peripheral analysis of Regulation 4(2A) at best, however, given my findings above I do not consider it necessary to make a specific finding on this ground.