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Introduction
Introduction
This appeal is primarily about the scope of activity 8 in Schedule 6 to the Universal Credit Regulations 2013 (“the UC Regs”).
To make sense of the issues arising on this appeal it is necessary to first set out the terms of activity 8.
The activity with which activity 8 is concerned is:
[n]avigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.
The following point scoring descriptors apply under activity 8.
8(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. 15 points
8(b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. 15 points
8(c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. 9 points
Activity 8 is about ‘navigation and maintaining safety’. The central issue on the appeal is whether the use of the word “and” in activity 8 is intended to cover two different areas of activity under activity 8 or denotes two considerations that are to be assessed under each descriptor in activity 8. In other words, is descriptor 8(b) the only descriptor under activity 8 in which carrying out or completing the task in the descriptor ‘safely’ arises as a material consideration, or is safely (or safety) also a material issue when deciding whether a person is unable to navigate around familiar or unfamiliar surroundings on their own?
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 10 October 2023 under case number SC299/23/00026 was made in error of law. Under section 12(2
- Introduction
- Relevant factual background
- The Upper Tribunal proceedings
- The statutory scheme
- Conclusions