Ability to mobilise to "an acceptable standard" must include an assessment of the effects of pain

Thursday 25 August 2016

PS v Secretary of State for Work and Pensions (PIP) (Personal independence payment – mobility activities : Mobility activity 2: moving around) [2016] UKUT 326 (AAC) (Judge K Markus QC), 11 July 2016.

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In Upper Tribunal case PS v Secretary of State for Work and Pensions (PIP) (Personal independence payment – mobility activities : Mobility activity 2: moving around) [2016] UKUT 326 (AAC) (Judge K Markus QC), the First-tier Tribunal had awarded four points for mobility Activity 2 - moving more than 50m, but no more than 200m.

The Judge set the decision aside and remitted the case for rehearing.

The FtT had erred by not considering whether the appellant's walking during the stated distance was to "an acceptable standard" due to pain, as required by Reg. 4 (2A) of the Social Security (PIP) Regulations SI 2013/377.

This was despite the appellant not being able to show that he could not walk more than 50m repeatedly or within a reasonable time period.

The fact that this was not explicitly raised by the appellant did not relieve the Tribunal of their duty to consider it, or any other part of Reg.4(2A), where it is put in issue by the evidence.

The full judgment is available.

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