A new legal judgment established that the PIP mobility component should not be based on a supposed “objective test” of how far a disabled person or how often they need to “move around”.
In brief, the Upper Tribunal judgment holds that it is wrong for a tribunal to assume that a disabled person will only reasonably need to walk once to the local shop and back.
Instead, it needs to consider if they have a reasonable wish to be able to go elsewhere – to the park or to visit a friend for example.
If they are prevented from doing this by the effects of their disability, then this needs to be considered in how far and how often they can repeatedly mobilise.
In CPIP/3622/2016 Upper Tribunal Judge Gray holds that to the extent a tribunal excluded the appellant’s choice as to…
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