Heading

Appeal No. UA-2024-000415-PIP
Between:
KL
Appellant
- v -
Secretary of State for Work and Pensions
Respondent
Before: Upper Tribunal Judge Gray
Mode of hearing: oral remote
Representation:
Appellant: Mr Denis Edwards, counsel
Respondent: Mr Abou Kamara, Free Representation Unit (FRU)
On appeal from
Tribunal: First-tier Tribunal (Social Entitlement Chamber)
Tribunal Case No: SC242/22/06062
Digital Case No.: 1665-6559-8866-9953
Tribunal Venue: Reading (remote hearing)
Decision Date: 25 August 2024
SUMMARY OF DECISION
This appeal examines Activity 4 and decides that it is testing the ability of the claimant to perform the mechanical functions of washing and bathing, which are getting in and out of a bath or shower and being able to wash their body parts as set out in the descriptors. It is not a test as to the quality of washing, but the physical and mental ability to do so.
It also explains the importance of the First-tier Tribunal assessing the evidence as a whole, using evidence about one activity to inform its views as to the ability to accomplish other activities.
KEYWORD NAME (Keyword Number)
Personal Independence Payment-Activity 4 and Tribunal procedure and practice.
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 judge follow.
DECISION
- 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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