Social Security Case Law - Winter 2024

Headnote

Loose-fitting socks could be considered as ‘easy to wear’ clothing for the purposes of Activity 6 and the Tribunal will need to consider the judgement of Judge Jacobs in PE v SSWP [2015] and approach the activity as a whole.

Case Overview

The Commissioner had to decide whether the Tribunal erred in law in relation to their explanation for awarding descriptor 9B, instead of 9C in relation to prompting and social support. It was also highlighted that the Tribunal did not properly consider dressing and undressing in Activity 6, with particular reference to the claimant wearing ‘loose fitting socks’. The Commissioner made note of Judge Jacobs in PE v SSWP [2015], and his approach that the Tribunal must look at the different ways in which the claimant’s disability affects their ability to dress, including bending, twisting, etc.

Relevant Case Law

• Secretary of State for Work and Pensions v MM [2019] UKSC 34

Explains the differences between descriptor 9b and 9c in relation to prompting and social support.

• PE v Secretary of State for Work and Pensions [2015] UKUT 309 (AAC)

Regarded a person who managed dressing and undressing by wearing ‘easy to wear’ clothes and the need to consider the impact of the claimant’s condition to complete an activity, i.e. twisting, bending, etc.