[2025] UKUT 307 (AAC)

Appeal No. UA-2025-000346-PIP

In The Upper Tribunal
Administrative Appeals Chamber

Between:

EW

Appellant

-v-

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Church

Decided on consideration of the papers

Representation:

Appellant: Not represented

Respondent: Helen Hawley, Decision Making and Appeals (DMA) Leeds

On appeal from:

Tribunal: First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No.: SC147/24/00135

Digital Case No.: 1701171619594988

Tribunal Venue: Leeds (video hearing)

Decision Date: 27 August 2024

SUMMARY OF DECISION

41.1 Personal Independence Payment: general

1. This appeal is mainly about the proper approach to assessing a claimant’s ability to carry out the activities contemplated by the descriptors set out in Schedule 1 to the PIP Regulations where the claimant complains of fatigue, and a need for prompting, as a result of a health condition.

2. In this case the First-tier Tribunal decided the claimant experienced fatigue not as a symptom of her health conditions, but rather as a consequence of her working a full-time job.

3. The Upper Tribunal allowed the appeal because the tribunal should have considered the claimant’s ability to carry out the relevant activities at the times when it was reasonable for her to carry them out. It was reasonable for the claimant to go out to work, and where it was reasonable for the claimant to carry out an activity having completed a day’s work, her ability to do should be assessed on that basis. TR v SSWP [2016] AAC 23, AE v SSWP [2024] UKUT 381 (AAC) and GG v SSWP (PIP) [2016] UKUT 0194 (AAC) followed.

Please note that 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