RKE v The Secretary of State for Work and Pensions (PIP): [2026] UKUT 390 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Butler on 11 October 2026.
Read the full decision in .
Judicial Summary
The appeal concerns a claimant who reported worsening symptoms of Crohn’s disease affecting daily living activity 5 (managing toilet needs). The First-tier Tribunal relied on a recent UC85 report produced for a work capability assessment and there was no recent PIP assessment report.
The First-tier Tribunal materially erred in law by failing adequately to explain why the appeal could fairly be determined on the papers and by failing properly to apply regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013. MS v SSWP (PIP) [2024] UKUT 185 (AAC) applied. The decision was set aside and remitted to a differently constituted First-tier Tribunal.
The Upper Tribunal gives guidance about the extent to which work capability assessment evidence concerning incontinence may assist in determining entitlement to PIP, given the differences between the statutory tests.
The Upper Tribunal also reminds parties there is a defined meaning of “manage incontinence” in daily living activity 5, as highlighted by the representative for the Secretary of State for Work and Pensions.