[2025] UKUT 153 (AAC)

Personal Independence Payments were established under part 4 of the Welfare Reform Act 2012, section 77 providing for the allowance in two components, daily living and mobility.

Section 78 relates to the daily living component and section 79 the mobility component.

Section 80 deals with the ability to carry out daily living activities or mobility activities:

80. – (1) For the purposes of this Part, the following questions are to be determined in accordance with regulations – (a) whether a person’s ability to carry out daily living activities is limited by the person’s physical or mental condition; (b) whether a person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition;”

Regulations have been made pursuant to this, the Social Security (Personal Independence Payment) Regulations 2013. (hereafter the regulations or the PIP regulations.) The method of determining whether, and to what extent, a person’s ability to carry out daily living activities or mobility activities is limited, or severely limited by the person’s physical or mental condition is by way of assessment, or repeated assessment, and the way in which such assessments are calibrated is set out in the Schedule to those Regulations.

Certain regulations must be employed in assessing a person's capability in relation to the activities. Relevant here is Regulation 4(2A). It provides that: 

Definitions are at paragraph 1 of the Schedule to the Act. Reference to C is to a claimant. Relevant here are: