Social Security Case Law - Spring 2025

Headnote

Managing incontinence includes methods such as an ACE procedure and self-catheterization, to score points under Activity 5(e).

Background

The appellant made a claim for Personal Independence Payment in August 2022 due to issues arising from an imperforate anus, Anti-Grade Colonic Enema (ACE) procedure, anxiety and depression. In January 2023, the Department decided that the appellant did not satisfy the conditions of entitlement from and including August 2022. Following an unchanged decision during mandatory reconsideration, the claimant lodged an appeal with the Social Security Tribunal and considered in August 2023. The appeal was disallowed, as the claimant only scored 6 points for the Daily Living Component – 4 points under activity 5(d) and 2 under activity 3(c).

The appellant made an application to the Commissioner on the basis that the Tribunal did not provide sufficient reasoning for its determination of Activity 5, ‘Toileting Needs & Incontinence’.

Legal Issue

The Commissioner was asked to consider whether the Tribunal had adequately considered whether the appellant should have been awarded descriptor 5(e) instead of 5(d) and to consider the Tribunal’s lack of the reasoning for awarding points for managing toilet needs, rather than managing incontinence.

Decision

The Commissioner determined that the Tribunal had erred in law in it application of the regulations and its inadequate explanation for its decision under Activity 5. The Tribunal decision was set aside, and the Commissioner determined that the appellant was entitled to an indefinite award of Daily living Component at the standard rate – upgrading the appellants points under Activity 5, from descriptor 5(d) to 5(e).

The Commissioner also confirmed that the appellant was entitled to 2 points under descriptor 3(c). However, it was noted that the descriptor was awarded because of the assistance that the claimant received from a nurse. The fact that the claimant administered ACE procedures and self-catheterisation did not automatically entitled them to points under Activity 3.

Relevant Legislation

• Article 15(8)(a) of the Social Security (NI) Order 1998
• Article 82 and 83 of the Welfare Reform (NI) Order 2015
• Personal Independence Payment Regulations (NI) 2016

Relevant Case Law

• AH v Secretary of State for Work and Pensions [2017] UKUT 104