- Ministry of Justice, HM Courts & Tribunals Service, and Upper Tribunal (Administrative Appeals Chamber)
- 8 March 2017
- Decision date:
- 20 February 2017
- Personal independence payment – daily living activities
- Personal independence payment – daily living activities - Activity 3: managing therapy or monitoring a health condition
- Gray, P
Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 20 February 2017.
Read the full decision in CPIP/24/2016.
Section 78 Welfare Reform Act 2012, in providing that an award is available only if ‘the person’s ability to carry out daily living activities is limited by the person’s physical or mental condition’ does not create a pre-condition. R (DLA) 3/06 applies: whether or not there is a limitation depends upon the level of functional impairment and the schedule 1 assessment procedure under the Social Security (Personal Independence Regulations) 2013 determines that.
(Obiter) A permanent retinal implant is not an aid or appliance under regulation 2. To construe the regulation to include such implants, many of which restore function, would subvert the Parliamentary intention to provide financial assistance to those with long term functional disability.
Published: 8 March 2017
Decision date: 20 February 2017
Judges: Gray, P