[2025] UKUT 240 (AAC)

Appeal No. UA-2023-001664-PIP

Between:

MP

Appellant

- v -

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Wright

Further written submissions on 6 March 2025 and 8 April 2025

Representation:

Appellant: Reiza Khan, welfare rights appeals officer, Leicester City Council

Respondent: Denis Edwards of counsel

On appeal from:

Tribunal: First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: SC314/23/00269

Tribunal Venue: Leicester

Decision Date: 8 June 2023

SUMMARY OF DECISION

This decision is mainly about one issue: whether the ability to move around, or carry items in, a kitchen is relevant under PIP daily living activity 1 (preparing food). It decides that moving around or carrying is not relevant to daily living activity 1. This is because the statutory acts of ‘preparing a simple meal’ or ‘cooking a simple meal’ are not connected and because ‘making food ready for cooking’ does not include carrying the (prepared) food to the place where it is to be cooked at or above waist height. It also decides that dentures may in principle constitute an aid for the purposes of PIP daily living activity 2 (taking nutrition), though the FTT’s failure to investigate this issue was not a material error of law.

KEYWORD NAME (Keyword Number) 42 (Personal independence payment - daily living activities); 42.1 (Activity 1: preparing food); 42.2 (Activity 2: taking nutrition)

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 judges follow.

DECISION