AM v Secretary of State for Work and Pensions (PIP): [2017] UKUT 7 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 6 January 2017.

Read the full decision in CPIP/2983/2016.

Judicial Summary

In deciding whether to adjourn in order to obtain papers relating to a claimant’s disability living allowance award, tribunals need to bear in mind that those papers have been destroyed.

the words ‘to be able to’ in the activities relate back to the reference to ‘ability’ in the basic conditions of entitlement and the enabling provisions in sections 78, 79 and 80 of the Welfare Reform Act 2012.

This activity tests the function of engaging one to one or within small groups. Difficulties engaging with a crowd or with others in a crowd are not included. The presence of the crowd merely provides the circumstance in which a difficulty may arise.

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