[2025] UKUT 252 (AAC)

The two issues with which this appeal is concerned are best described by setting out the reasons why the First-tier Tribunal (“the FTT”) gave the appellant permission to appeal to the Upper Tribunal:

“…..there is possibly an arguable point of law involved relating to whether the Tribunal has correctly interpreted Regulation 4(2A) (c) and (d) of the Social Security (Personal Independence Payment) Regulations 2013.

The Appellant is a person who has a number of diagnoses including one of Chronic Fatigue Syndrome. At paragraph 22 of the Statement of Reasons prepared by the presiding Judge it is asserted that resting before carrying out a task is not part of that task. For this reason, the Tribunal has not included in their assessment of “a reasonable time period” any time spent by the Appellant resting before he undertakes any of the activities set out in Part 2 of Schedule 1 of the Social Security (Personal Independence Payment) Regulations 2013. The Upper Tribunal is requested to consider whether this is a correct interpretation of Regulation 4(2A)(d) of the Social Security (Personal Independence Payment) Regulations 2013.

In respect of Regulation 4(2A)(c) of the Social Security (Personal Independence Payment) Regulations 2013 the Upper Tribunal is requested to consider whether the Tribunal has provided adequate reasons for its finding that the Appellant is able to undertake activities repeatedly notwithstanding his need to rest before and after carrying out activities.”

The grant of permission to appeal was not, however, limited to those two issues.

I will set out the relevant aspects of the legislative scheme in more detail later in this decision, but it is worth setting out regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013 (“the PIP Regs”) at this stage. Regulation 4 is about the “Assessment of ability to carry out activities” and regulation 4(2A) and (4) within it provide as follows:

“4:-(2A) Where C’s ability to carry out an activity is assessed; C is to be assessed as satisfying a descriptor only if C can do so—

(a)

safely;

(b)

to an acceptable standard;

(c)

repeatedly; and

(d)

within a reasonable time period….

(4)

In this regulation—

(a)

“safely” means in a manner unlikely to cause harm to C or to another person, either during or after completion of the activity;

(b)

“repeatedly” means as often as the activity being assessed is reasonably required to be completed; and

(c)

“reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.”