Catriona Hutchinson v Secretary of State for Work and Pensions

Facts

The appellant, Catriona Hutchinson, claimed Universal Credit in February 2018. On 29 November 2022 she reported a change of circumstances, citing chronic pain, restricted movement and mobility, arthritis, swelling and stiffness, which the Secretary of State treated as an application for the limited capability for work related activity element. She completed a UC50 questionnaire and was examined by a Healthcare Professional on 11 July 2023. On 14 August 2023 a Decision Maker decided that she did not have, and could not be treated as having, limited capability for work or limited capability for work related activity under Part 1 of the Welfare Reform Act 2012 and the Universal Credit Regulations 2013. That decision was maintained on mandatory reconsideration. Her appeal to the First-tier Tribunal (Social Entitlement Chamber) was heard orally and decided on 19 June 2025. The Tribunal awarded 9 points for activity 2 (standing and sitting) but none for mobilising, and found that paragraph 4 of Schedule 8 to the Universal Credit Regulations 2013 did not apply. The 9 points fell short of the 15-point threshold. The First-tier Tribunal refused permission to appeal on 18 November 2025, and the appellant filed her notice of appeal to the Upper Tribunal on 30 December 2025. Upper Tribunal Judge Stout granted permission on two grounds. The Secretary of State supported the appeal, and both parties agreed that it could be decided on the papers.