The decision of the Upper Tribunal is to allow the appeal and remake the decision
The decision of the Upper Tribunal is to allow the appeal and remake the decision.
Permission to appeal having been granted by Upper Tribunal Butler on 13 May 2024in accordance with the provisions of section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 I set aside the decision of the First-tier Tribunal sitting at Reading remotely, and made on 10 May 2024 under reference SC242/22/06062. I remake it as follows:
The appellant is entitled to the daily living component of PIP at the standard rate from 11 April 2022. She scores 11 points: 2 points for descriptor 1(d), 1 point for descriptor 3(b) and 8 points for 9(d).In addition, she scores 12 points under Mobility Activity 1f. This decision revises the mobility component already in payment from an award at the standard rate to an award at the enhanced rate. The awards of both components will run in tandem until 10 April 2026.
REASONS FOR DECISION
Introduction
This matter came before me at an oral hearing following Upper Tribunal Judge Butler’s grant of permission to appeal. At that early stage the appellant represented herself. At the hearing she was represented by Mr Kamara of the Free Representation Unit; Mr Edwards, counsel, represented the Secretary of State.
The advocates appeared on a CVP link. The appellant was present listening in, and Mr Kamara had the opportunity to speak privately to her during a short adjournment. I am indebted to both representatives for their written and oral submissions, and their helpful responses to my questions at the hearing.
- 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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