CC v Secretary of State for Work and Pensions

Facts

The appellant, referred to as CC and acting by an appointee, AA, is the subject of a Disability Living Allowance award. The Secretary of State for Work and Pensions made a supersession decision on 18 January 2024, amended on mandatory reconsideration, under which CC was entitled to the higher rate of the care component but only to the lower rate of the mobility component from 7 September 2023 to 28 July 2028. CC appealed to the First-tier Tribunal, seeking the higher rate of the mobility component. The case turned on whether CC was virtually unable to walk under section 73(1)(a) of the Social Security and Benefits Act 1992 and regulation 12(1)(a) of the Social Security (Disability Living Allowance) Regulations 1991, or displayed severe behavioural problems under section 73(3) of the Social Security and Benefits Act 1992 and regulation 12(6) of the Social Security (Disability Living Allowance) Regulations 1991. The First-tier Tribunal, comprising Judge F Green, Dr L Elphinston and Mr D Jones, dismissed the appeal on 22 May 2025. It accepted that CC's intelligence and social functioning were severely impaired but found no virtual inability to walk and no severe behavioural problems. Its statement of reasons was issued on 8 July 2025 and permission to appeal was refused on 26 August 2025. The notice of appeal to the Upper Tribunal was filed on 25 September 2025, and Judge Stout granted permission on five grounds after an oral hearing. The Secretary of State supported the appeal.