AL v Secretary of State for Work and Pensions (UC): [2025] UKUT 184 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 13 June 2025.
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Judicial Summary
The appellant had been accepted by the Secretary of State as having limited capability for work (LCW) on the basis that “there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work”, but not as having limited capability for work-related activity (LCWRA) on the same basis. The First-tier Tribunal dismissed his appeal and confirmed the decision of the Secretary of State, but for reasons from which it would have followed in this case that the appellant should not be treated as LCW either. The Upper Tribunal holds that the First-tier Tribunal’s reasons were inadequate in failing to recognise and address this inconsistency. The First-tier Tribunal also erred in proceeding on the assumption that the opinion of the healthcare practitioner (HCP) as to risk was addressing the risk by reference to the relevant legal test when there was no evidence before the Tribunal that the HCP was aware of the most onerous work-related activities that the appellant might be asked to carry out.