Schedule 1 activities as relevant before the Upper Tribunal Daily Living
Schedule 1 activities as relevant before the Upper Tribunal:
Daily Living
4. Washing and bathing. | a. Can wash and bathe unaided. | 0 |
b. Needs to use an aid or appliance to be able to wash or bathe. | 2 | |
c. Needs supervision or prompting to be able to wash or bathe. | 2 | |
d. Needs assistance to be able to wash either their hair or body below the waist. | 2 | |
e. Needs assistance to be able to get in or out of a bath or shower. | 3 | |
f. Needs assistance to be able to wash their body between the shoulders and waist. | 4 | |
g. Cannot wash and bathe at all and needs another person to wash their entire body. | 8 |
9. Engaging with other people face to face. | a. Can engage with other people unaided. | 0 |
b. Needs prompting to be able to engage with other people. | 2 | |
c. Needs social support to be able to engage with other people. | 4 | |
d. Cannot engage with other people due to such engagement causing either – (i) overwhelming psychological distress to the claimant; or (ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. | 8 | |
Mobility |
1. Planning and following journeys. | a. Can plan and follow the route of a journey unaided. | 0 |
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. | 4 | |
c. Cannot plan the route of a journey. | 8 | |
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. | 10 | |
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. | 10 | |
f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. |
The appeal before the Upper Tribunal
Permission to appeal
Judge Butler gave permission to appeal on the following issues:
- 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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