Deaf claimants - PIP - activity 4 - ‘safely’ - KT and SH v Secretary of State for Work and Pensions [2020] UKUT 252 (AAC)

A significant new judgment affecting deaf people claiming personal independence payment has just been issued in relation to activity 4 - washing and bathing. The judgment is: KT and SH v Secretary of State for Work and Pensions [2020] UKUT 252 (AAC).

National Deaf Children’s Society were assisted by counsel at the oral UT hearing. Here is a summary by Landmark Chambers https://www.landmarkchambers.co.uk/upper-tribunal-gives-judgment-on-the-risk-of-fire-to-deaf-people-while-washing/

Quote from summary:

“Under regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013, a claimant is not to be assessed as able to carry out an activity unless she or he can do so “safely”. Regulation 4(4) provides that “‘safely’ means in a manner unlikely to cause harm to [the claimant] or to another person, either during or after completion of the activity”.

In KT and SH v Secretary of State for Work and Pensions [2020] UKUT 252 (AAC), the UT has now held that, in the case of a person who has to remove their hearing aids or cochlear implants while washing, and consequently cannot hear a typical alarm, the risk of a fire occurring (applying RJ) is a “real possibility that cannot be ignored … having regard to the nature and gravity of the feared harm”.

Judgment not yet published - contact me if you need the original (redacted) version meantime.

Great result! Now published - https://www.gov.uk/administrative-appeals-tribunal-decisions/kt-and-sh-v-secretary-of-state-for-work-and-pensions-pip-2020-ukut-252-aac

PIP assessment guide just updated to reflect the August 2020 judgment in KT and SH -

Safely ....
2.2.11… Washing and bathing...
potential risk to safety of claimant or others [of] Not being able to hear a standard fire alarm.

Activity 4 - Descriptor B (2 points): Needs to use an aid or appliance to be able to wash or bathe
A deaf or hearing impaired claimant, who is not able to hear a standard fire alarm while washing or bathing, may need a visual alarm to alert them to the risk of fire, in order to wash or bathe safely.