Administrative / Public Law · Upper Tribunal (Administrative Appeals Chamber)
Aleksandrs Nikolajenko v The Secretary of State for Work and Pensions
Checked against the judgment on 4 September 2026 · how we verify
Facts
The appellant, born on 29 August 1988, is profoundly deaf, communicates using British Sign Language and has no access to sound. He claimed Personal Independence Payment on 10 May 2017, and by a decision dated 12 April 2017 the Secretary of State for Work and Pensions assessed him as scoring 8 Daily Living points (descriptor 7d) and 10 Mobility points (descriptor 1d), awarding both components at the standard rate from 10 May 2017. On a review decision dated 1 November 2024 he was awarded a further 2 Daily Living points (descriptor 4b), which left him short of the 12 points required for an enhanced rate, so the award was unchanged; the decision was reconsidered on 15 November 2025 but not revised. On appeal, the First-tier Tribunal (Social Entitlement Chambers) sitting at Fox Court, London allowed the appeal by a Decision Notice dated 30 May 2025, adding 2 Daily Living points (descriptor 1b) so that the Daily Living component became payable at the enhanced rate, but confirming the standard rate of the Mobility component. The First-tier Tribunal refused permission to appeal by a further Decision Notice dated 11 August 2025. Upper Tribunal Judge Citron granted permission by an order dated 23 December 2025 on three grounds, and the Secretary of State supported the appeal. The Upper Tribunal decided the matter on the papers, neither party seeking an oral hearing or anonymity.
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