RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP): [2017] UKUT 105 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Lady Carmichael, Judge Knowles and Judge Markus on 9 March 2017.

Read the full decision in CPIP/1599/2016.

Judicial Summary

An assessment under paragraph 4(2A)(a) of the PIP Regulations that an activity cannot be carried out safely does not require that the occurrence of harm is “more likely than not”. A tribunal must consider whether there is a real possibility that cannot be ignored of harm occurring, having regard to the nature and gravity of the feared harm in the particular case. Both the likelihood of the harm occurring and the severity of the consequences are relevant. The same approach applies to the assessment of a need for supervision

Published 23 March 2017