AW v Secretary of State for Work and Pensions (PIP): 2022 UKUT 316 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 24 November 2022.
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Judicial Summary
PIP 鈥� Claimant鈥檚 completion of the tick boxes in PIP2 questionnaire cannot be used as proxy for application of Regulation 7 of the PIP Regulations: 鈥渟ometimes鈥� could mean many things to a claimant. It may mean 鈥渙ccasionally鈥�, or it may mean 鈥渕ost, but not all of the time鈥�, or it may very well mean something in between. It is highly unlikely that a claimant, especially one who completes the questionnaire without assistance from a welfare rights adviser, will have in mind the requirements of regulation 7 of the Social Security (Personal Independence Payment) Regulations 2013. The tick boxes do not provide the First-tier Tribunal with a short cut obviating the need to make findings as to the frequency of a claimant鈥檚 difficulties.