Social Security Case Law - Spring 2025

Headnote

It is not enough to consider that a claimant can perform Activity 5 because they can change their stoma bag seated – the Tribunal must use its inquisitorial role to enquire whether a claimant can perform the activity to a reasonable standard, i.e. without leakage occurring.

Background

The appellant who suffers from an ileostomy and lower back problems (including a hernia) appealed the Departments PIP decision from December 2022, in which they were awarded 11 points for the Daily Living Component and 10 points for the Mobility Component.

The Appellant noted at the appeal that they told the Healthcare Professional that they could no longer change their stoma bag unaided, due to not being able to stand for 2-3 minutes and because their hernia obstructed their view.

Despite the evidence put forward by the appellant, the Tribunal’s view was that it was possible to empty a stoma bag while sitting down. The appellant criticized the adequacy of the tribunal’s reasons. However, the Tribunal contrasted with this evidence and noted that the claimant would be able to change the stoma bag seated. The appellant was represented by Law Centre NI as the case progressed to the Social Security Commissioner.

Legal Issue

Did the Appeal Tribunal err in law when determining that the claimant was able to manage their ileostomy while seated, with a particular focus on Activity 5 – Managing Toilet Needs & Incontinence? The Commissioner was also asked to consider whether the Tribunal had failed in its inquisitorial duty to adequately consider the appellant’s medical conditions and impact on the PIP activities.

Decision

The Department supported the claimants appeal, and the Commissioner accepted the submission and remitted the case to a freshly constituted tribunal. The Department supported the submission on the basis that the Tribunal failed to perform its inquisitorial role. It was noted that if the appellant needed help once a day “when things were going well” it raises the question of how often things “went well” and how she managed on the instances when things were not “going well”.  There was no indication that the tribunal asked about this and certainly no findings about this issue.

The Department’s representative accepted that the Tribunal’s view was that the stoma bag could be changed to a reasonable standard while seated, but the Tribunal failed to explain its reasons for reaching this conclusion and failed to consider whether the bag could be changed without leakage.

Relevant Legislation

• Regulation 4(3) of the Personal Independence Payment Regulations (Northern Ireland) 2016
• Personal Independence Payment Regulations (NI) 2016, Schedule 1, Part 2