TL v Secretary of State for Work and Pensions
[2024] UKUT 282 (AAC)
CF v Secretary of State for Work and Pensions (PIP)
7 August 2024
[2024] UKUT 244 (AAC)
Upper Tribunal
A person was denied disability benefits. A higher court decided the initial decision was wrong because the judges made mistakes about the rules and didn't give the person a fair hearing. The case will be heard again by a new judge.
Key Facts
- •Appellant (CF) appealed a First-tier Tribunal (FTT) decision denying Personal Independence Payment (PIP).
- •CF suffers from Lymphoedema, carpal tunnel syndrome, stress, depression, and anxiety.
- •CF requires assistance putting on prescribed compression stockings.
- •The FTT hearing was conducted by telephone, despite CF's request for a face-to-face hearing.
- •The FTT erred in its assessment of daily living activities 3 (managing therapy), 6 (dressing and undressing), and 9 (engaging with others).
Legal Principles
Prescribed compression stockings constitute "therapy" under Schedule 1 of the PIP Regulations.
PM v SSWP [2018] UKUT 138 (AAC)
Difficulties with therapy (e.g., putting on prescribed compression stockings) should be considered under activity 3, not activity 6, to avoid double-counting.
PE v SSWP (PIP) [2015] UKUT 309 (AAC)
Activity 9 (engaging with others face-to-face) focuses on social interaction, not just professional or phone conversations.
SF v SSWP (PIP) [2016] UKUT 543 (AAC); HA v SSWP (PIP) [2018] UKUT 56 (AAC)
Tribunals must consider whether a telephone hearing is fair and in accordance with the overriding objective, especially when a face-to-face hearing was requested.
NB v Social Security Scotland [2023] UT 35
Outcomes
The Upper Tribunal (UT) allowed the appeal.
The FTT made errors of law in its assessment of activities 3, 6, and 9, and in its decision to proceed with a telephone hearing.
The FTT's decision was set aside.
The errors of law were material and affected the fairness of the process.
The case was remitted to a new FTT for reconsideration at an oral hearing.
A fresh tribunal was necessary to ensure a fair and legally sound determination.