KW v The Secretary of State for Work and Pensions (PIP): [2025] UKUT 267 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 22 June 2025.
Read the full decision in .
Judicial Summary
The First-tier Tribunal made a number of errors of law in assessing the claimant’s entitlement to Personal Independence Payment. The claimant has diagnoses of autistic spectrum disorder and schizotypal personality disorder and also experiences hyperacusis (noise sensitivity). The Tribunal failed to consider whether the claimant’s use of ear plugs to reduce noise when cooking, washing and bathing constituted an ‘aid’ and also failed to consider whether he was able to carry out those activities to an acceptable standard for the purposes of reg 4(2A) given his evidence as to pain experienced when undertaking those activities as a result of noise. The Tribunal also erred in law in discounting the claimant’s evidence as to his difficulties in engaging with others face-to-face and planning and following journeys on the basis that he had no diagnosed mental health condition, without explaining why it did not accept that his difficulties were a result of his diagnoses of autism and schizotypal personality disorder.