Kirsty Bell v Secretary of State for Work and Pensions

Facts

Miss Bell, a claimant of universal credit, challenged a decision of the Secretary of State for Work and Pensions, made in October 2024, that she did not have, and could not be treated as having, limited capability for work (LCW). She had mental health difficulties and a long-standing shoulder injury, and the First-tier Tribunal also had before it awards of personal independence payment made on 2 May 2025. Sitting at Leeds on 16 June 2025, the First-tier Tribunal (Judge L McDonald and Dr M McLelland) allowed her appeal in part. It awarded points under activities 3 and 13 of Schedule 6 to the Universal Credit Regulations 2013, so that she had LCW. It found that she did not satisfy any descriptor in Schedule 7 to the Universal Credit Regulations 2013 and that the substantial risk test in paragraph 4 of Schedule 9 to the Universal Credit Regulations 2013 was not met. In doing so it relied in part on findings that she drove and could use a sat nav. When her welfare rights representative requested a statement of reasons, a salaried District Tribunal Judge required confirmation that she understood the implications of a possible set-aside before the request would proceed. The First-tier Tribunal refused permission to appeal. Upper Tribunal Judge Wright then granted permission on three grounds. The Secretary of State supported the appeal and decided it on the papers.