NBC v Secretary of State for Work and Pensions

Facts

The appellant, a child then aged four and nearly five, is known in the proceedings as NBC, and her mother and appointee as MCC; both are anonymised. On 12 March 2023 the appointee claimed Disability Living Allowance on the appellant's behalf. On 3 July 2023 the Secretary of State's decision-maker awarded the lowest rate of the care component for the period from 12 March 2023 to 21 March 2025 and made no award of the mobility component. The appointee appealed to the First-tier Tribunal, which heard the appeal in Cardiff on 22 October 2025. That tribunal allowed the appeal in respect of both components, awarding the middle rate of the care component and the lower rate of the mobility component from 22 March 2023 to 5 November 2024. The appointee, who contended that the appellant qualified for the highest rate of the care component and the higher rate of the mobility component, sought permission to appeal to the Upper Tribunal. Upper Tribunal Judge Wikeley granted permission, observing that the grounds largely re-argued the facts but that it was arguable that the tribunal had not found sufficient facts or given adequate reasons on the appellant's night-time needs. The Secretary of State's representative, Mrs Clare Pettet, supported the appeal.