Dear Department for Work and Pensions,

The National Deaf Children’s Society, acting for two individual deaf children in their PIP appeals, successfully argued that, regardless of the low risk of a fire materialising, the potential consequences were sufficiently grave to justify it being a risk which could not be ignored.

[2020] UKUT 252 (AAC) held: (1) In light of the decision of a three-judge panel in RJ, CMcL and CS [2017] UKUT 105 (AAC), the First-tier Tribunal in each case erred in law in its consideration of whether the claimant can wash and bathe ‘safely’, as required by regulation 4(2A)(a) and as defined by regulation 4(4)(a). (2) There should not be room for different First-tier Tribunal panels to make different decisions as to whether there is a risk that cannot reasonably or sensibly be ignored, where the differences between the panels’ decisions arise not from differences in claimants’ needs but from different assessments of the same objective evidence of risk.

In light of this, could I score points for:
- Cannot follow the route of a familiar journey without another person. Due to hay fever, I sneeze while crossing roads and driving. The potential consequence could be fatal.
- Supervision or assistance to be able to manage medication or monitor health condition after taking pain relief. The pharmaceutical company lists many side effects which they believe cannot reasonably or sensibly be ignored and for which I would need supervision or assistance.

Yours faithfully,

Jade Day

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DWP Central FOI Team,

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Dear Jade Day,

I am writing in response to your request for information, received 29th
March.

Yours sincerely,

DWP Central FoI Team