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work related activity
I think that this has been discussed before but i can’t find it so would be grateful for a steer. This is a WRAG - SG appeal (UC). DWP has awarded 6 points for inability to get to an unfamiliar place without another person. In relation to WRA, it says that she could travel to a location to complete WRA “with a family member if necessary.”
Is there any caselaw in relation to DWP assuming the availability and willingness of a member member to assist with such journeys? I assume that it will be specific to the facts of the individual’s circumstances but wonder if there is anything else helpful in relation to this?
Thanks.
edit The other 9 points were given for engagement in social contact with unfamiliar people always precluded
[ Edited: 21 Sep 2021 at 01:44 pm by BC Welfare Rights ]There are a number of cases on this. See for example ET v SSWP (UC) [2021] UKUT 47 (AAC) and MP v SSWP (ESA) [2016] UKUT 502 (AAC) cited therein. PD v SSWP (ESA) [2014] UKUT 148 (AAC) is also worth having a look at.
But yes you are right. If the claimant is going to be able to get to the workplace by relying on the support of someone else, there needs to be some evidence to that this support is going to be reasonably available.
As helpful as ever Elliot, many thanks. An object lesson in how to deal with the troublesome rule that previous reported decisions have to be followed…
For the convenience of others:
ET v SSWP
https://assets.publishing.service.gov.uk/media/6050c2e9d3bf7f04591df6d8/CUC_0747_2020-00.pdf
MP v SSWP
https://assets.publishing.service.gov.uk/media/58340632e5274a702200001a/CE_1885_2016-00.pdf
PD v SSWP
https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=4171