Factual background
Factual background
The appellant is a woman who was aged 33 at the date of the decision of the First-tier Tribunal (hereafter the FTT or the tribunal). Since 2014, she has had the condition Trimethylaminuria. Put simply, this is an uncommon metabolic dysfunction which prevents the body breaking down trimethylamine, a chemical with a strong fishy odour. That odour then becomes apparent through bodily secretions, including sweat. It is generally known as TMAU, which is how I will refer to it. It is sometimes called fish odour syndrome. In due course the FTT was to find as a fact that the disorder was medically recognised as being distressing, leading to anxiety, with which the appellant had been diagnosed, and low self-esteem.
She claimed a Personal Independence Payment (from now, PIP) on 11 April 2022. The respondent Department made their decision on 21 July 2022. It was to refuse both components of the allowance.
The FTT heard the appeal against that decision. It allowed her appeal in part, making an award of the mobility component at the standard rate but refusing the daily living component.
She appealed to the Upper Tribunal. I set out the basis of the grant of permission below, but first I will highlight the relevant parts of the PIP legislation.
- Heading
- The decision of the Upper Tribunal is to allow the appeal and remake the decision
- Factual background
- Legal framework
- “aided” means with
- “bathe” includes get into or out of an unadapted bath or shower
- Schedule 1 activities as relevant before the Upper Tribunal Daily Living
- “Assessing whether you were able to wash and bathe to an acceptable standard, including other point-scoring descriptors within this activity: The tribunal decided you scored descriptor 4.a (0 points)
- Daily living
- Mobility
- The parties’ submissions before me
- The appellant
- The respondent
- Analysis
- What is Activity 4 assessing?
- Applying this within the descriptors
- My conclusions as to Activity 4
- Soap as an aid?
- omitted
- Conclusions
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