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Do tribunals need to make a seperate finding of fact on whether a client can peel vegetables?
I apologise if this seems a simple question, this is my first appeal to the upper tribunal.
My client lost her DLA appeal, we asked for the lowest rate of the care component on the basis that she could not cook a main meal.
In my letter asking for permission to appeal to the upper tribunal, I identified two errors of law:-
Error of law one: There was no finding of fact of whether my client can peel vegetables.
Error of law two: There was insufficient reasons for the decision that my client can cook a main meal.
The judge has written back to me saying there is no requirement to make a specific finding on the ability to peel vegetables. She said that the so-called cooking test is one of overall impression to be reached by tribunals by a general approach rather than by fixed rules. The Judge than refers to Moyna V Secretary of State for Work and Pensions (2003) 4 All. ER 162. Here is a link to this decision http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030731/moyna-1.htm.
I have decided to appeal over error of law number two to the upper tribunal but I am unsure whether to appeal over error of law one. I would appereciate other peoples opinions.
Thanks