A man who says his anxiety and agoraphobia mean he cannot get to unfamiliar places unaccompanied has had his disability benefit claim rejected – on the grounds he could always get a taxi. The Devon man was denied Employment and Support Allowance (ESA), a decision upheld by a tribunal which said:
“We found on the balance of probability that he would be able to use a taxi for example to get to an unfamiliar place and that therefore he would be able to get to a specified place with which he was unfamiliar without being accompanied by another person.”
In evidence to the Upper Tribunal, where the man, known as AB sought permission to appeal, a lawyer for the Department of Work and Pensions insisted “where a claimant is taken to a destination in a taxi the taxi driver, who is simply providing a paid-for transport service, cannot be said to accompany that claimant”.
An Upper Tribunal judge has now referred the case back to the First-tier Tribunal raising the question of whether “in such circumstances, such a journey could not be described as one made ‘without being accompanied by another person’ given the presence of a taxi driver”.
The issue may be crucial to interpreting one of the ESA tests used to qualify for financial support for those who are unable to work. Number 15(c) on a list set out in the Employment and Support Allowance Regulations 2008 says: “Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.” Read the rest of this entry