He had first received a one-year provisional award at the 22 per cent rate of the benefit. On reassessment, the medical examiner recommended lowering the rate because there had been a slight improvement in his ankle function.

The Law Centre’s social security adviser successfully argued at Tribunal that his overall health had since deteriorated and that this should be considered, rather than the assessment focusing solely on the ankle issue. His award was increased to the 26 per cent rate.

The client is not currently financially better off as a result because he is in receipt of Employment and Support Allowance Related Activity Component.

However, this decision, and the medical evidence collected by the adviser, will help the client when his entitlement to Employment and Support Allowance is reassessed later this year.