A1

In decision CPIP/1347/2015 the Upper Tribunal, sitting as an ‘appeal’ three-judge panel, made an important decision about assessing people with epilepsy or similar conditions when they are out and about. They made other decisions in this case but BuDS has posted this one separately to make it clearer and easier to understand.

MOBILITY DESCRIPTOR 2 – PEOPLE WITH EPILEPSY OR SIMILAR CONDITIONS
The Upper Tribunal has said that a person with epilepsy who has fits or absences without warning who cannot walk along the pavement or cross the road safely by themselves is unable to safely follow a familiar route without the help of another person and should therefore score 12 points (enhanced mobility) under descriptor 1f.

The Upper Tribunal said that in assessing eligibility for mobility descriptor 1, the focus should be on the amount of supervision needed to follow a route safely. A need to be supervised to be able to follow a route safely is as important as not being able to follow the route through, for example, sight loss.

WHAT THIS MEANS FOR YOU
If you have epilepsy (or any condition where you lose consciousness or have reduced awareness or absences) WITHOUT WARNING, then this ruling suggests you should be considered for enhanced mobility under descriptor 1f.

The question is whether or not you are a danger to yourself if you go out alone on any journey. You would obviously need to have supporting medical evidence and be able to show that you do not go out alone, or have examples of where going out alone has resulted in harm.

This analysis is brought to you free of charge by BuDS Benefit Information Team. It is only general information and you should take advice on your own case.

You can read the full judgement here: http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=5018