LAG (by her appointee LB) v Secretary of State for Work and Pensions

Facts

The appellant, LAG, who acts through her appointee LB, has diagnoses of Emotionally Unstable Personality Disorder and Anxiety Disorder, together with generalised anxiety disorder and epilepsy that is well controlled. She had received the daily living component of Personal Independence Payment at the standard rate from 2018 until 8 May 2023, but on 4 July 2023 the Secretary of State revised her award, giving her 2 points on the daily living activities and none on mobility, so that entitlement ceased. She appealed to the First-tier Tribunal, which on 1 October 2024 allowed her appeal only in part, awarding 7 points on daily living (insufficient for an award) and 10 points on mobility (giving the standard rate of the mobility component). On daily living activity 9, engaging with other people face to face, the Tribunal awarded 4 points for needing social support, rejecting descriptor 9d on the footing that although she had on occasions exhibited behaviour likely to result in harm to others, this was not on the majority of days and occurred mainly when she had been drinking. Before it was evidence from the Healthcare Practitioner of physical fights with neighbours and police involvement, and a letter from her mental health practitioner, Mr Sowter, describing regular conflict and violence. The First-tier Tribunal refused permission to appeal; the Upper Tribunal granted it.