Disability Rights UK news item: Kerbs count in PIP mobility test, 1 June 2016:
PIP mobility test must take into account ability to negotiate kerbs
A new legal judgment published today holds that the Personal Independence Payment (PIP) “moving around” activity should be judged in relation to the type of surface normally expected for pedestrian use out of doors.
In CPIP/139/2016, Upper Tribunal Judge Rowley holds that:
“To move around outdoors one must generally walk along pavements and roads. It is a rare pavement which is as level as a bowling green. To my mind, the decision maker or tribunal must contemplate a reasonably flat pavement or road surface, taking into account the usual rise and fall one would normally encounter.”
He adds that that when assessing a claimant’s ability to move around, regard must be had to their ability to cope with kerbs:
“After all, a person would normally expect to have to step up and down from the pavement during the course of moving around out of doors. “
However, Judge Rowley determines that an inability to climb steps or slopes (other than the usual inclines found on pavements and roads) is not to be regarded.