MK v Secretary of State for Work and Pensions: [2024] UKUT 378 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 26 November 2024
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Judicial Summary
This case concerns a claim to PIP made on behalf of a young person by their appointee. The young person had previously been entitled to Disability Living Allowance, but the Secretary of State decided he was not entitled to PIP, and the First-tier Tribunal agreed. The Upper Tribunal holds that the First-tier Tribunal erred in law in a number of respects in not addressing the legislative provisions, making insufficient findings of fact and giving inadequate reasons for its conclusions. One ground of appeal, however, failed. Although the First-tier Tribunal had erred in law in regarding time spent cleaning and sterilising therapy equipment as being not part of the time spent supervising, prompting or assisting the appellant to manage therapy for the purposes of Daily Living Activity 3, in this case the error was not material.