AW v Secretary of State for Work and Pensions (PIP): 2022 UKUT 316 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 24 November 2022.
Read the full decision in .
Judicial Summary
PIP – Claimant’s completion of the tick boxes in PIP2 questionnaire cannot be used as proxy for application of Regulation 7 of the PIP Regulations: “sometimes” could mean many things to a claimant. It may mean “occasionally”, or it may mean “most, but not all of the time”, or it may very well mean something in between. It is highly unlikely that a claimant, especially one who completes the questionnaire without assistance from a welfare rights adviser, will have in mind the requirements of regulation 7 of the Social Security (Personal Independence Payment) Regulations 2013. The tick boxes do not provide the First-tier Tribunal with a short cut obviating the need to make findings as to the frequency of a claimant’s difficulties.