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Preparing food - descriptor "f"

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7 years 5 months ago #173292 by BenefitsBod
Preparing food - descriptor "f" was created by BenefitsBod
I have read the B & W notes but need to double check the interpretation of one of the descriptors (info needed for Mandatory Recon request).

This is about descriptor "f"; "Cannot prepare and cook food". I'm comfortable with the meanings and definitions of the words "prepare" and "cook". It's the combination that has defeated my brain for now.

In the context of "f", what if a person is able to "prepare" food but not "cook" it? Does the context of the activity as a whole mean "food" is to be interpreted as relating to a "simple meal", taking into account the term "simple meal" is used in all preceding descriptors "a" to "e"?

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7 years 5 months ago #173315 by Gordon
Replied by Gordon on topic Preparing food - descriptor "f"

Kevin wrote: I have read the B & W notes but need to double check the interpretation of one of the descriptors (info needed for Mandatory Recon request).

This is about descriptor "f"; "Cannot prepare and cook food". I'm comfortable with the meanings and definitions of the words "prepare" and "cook". It's the combination that has defeated my brain for now.

In the context of "f", what if a person is able to "prepare" food but not "cook" it? Does the context of the activity as a whole mean "food" is to be interpreted as relating to a "simple meal", taking into account the term "simple meal" is used in all preceding descriptors "a" to "e"?


I am not aware of any additional guidance on this Descriptor, with the possible exception that use of the word "food" rather than "meal" implies a broader range, for example; beans on toast should not meet the definition of a meal but may meet the definition for food. In the absence of detailed guidance you should take the standard English meaning of the words and where appropriate the grammar used in the construction of the sentence.

In this case I think it reasonable to assume the use of "and" implies that both the reliable preparation and cooking of the food on the majority of days is required, so if yo are unable to perform one of these two activities then you cannot perform the activity as a whole.

You will of course have to explain in detail why you cannot cook the food, why aids or appliances would not allow you to complete the activity and why prompting, assistance or supervision would not allow you to do so either. I also think that there is the potential for a conflict in your being unable to cook the meal but being able to prepare it.

Be aware that it will be assumed that there has to be a high level of disability for this to be the case which would likely be reflected in your ability to complete many of the other physical activities.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #176956 by BenefitsBod
Replied by BenefitsBod on topic Preparing food - descriptor "f"
Following the original post (many thanks for the reply), a further approach seems to be possible for descriptor "f" (cannot prepare and cook food).

In light of the case law finding that being unable to undertake an activity "at any point of the day" (subject to context of appropriateness of activity to the time of day), I wondered if this opens up the following possibility.

Most people would consider that it is normal (and reasonable) to be able to have 3 meals (plain English meaning) per day; these being breakfast, lunch and tea/dinner. What if a claimant's limitations were such that s/he was unable to prepare and cook food for one of those "normal" meals? Could it be properly argued that the "any point in the day" argument means even if a person is able to have the first two meals but cannot prepare and cook the third meal due to limitation (e.g increasing fatigue as the day progresses) on the majority of days, s/he must be treated as being unable to perform the activity at all for the whole day?

To be clear, this is in the context of "can" and "cannot"; not a matter of choice. Any thoughts, even dissenting, appreciated. For transparency, this relates to some prep in anticipation of a PIP appeal being necessary.

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7 years 4 months ago #177015 by Gordon
Replied by Gordon on topic Preparing food - descriptor "f"
Kevin

I'm afraid I don't agree with the premise of your argument but even if I did I believe it to be self-defeating.

There is no requirement for a claimant to prepare and cook three meals a day, but even if there were then I do not believe it reasonable to assign equal weight to each meal and more importantly I do not believe that the DWP will. Whilst any Case Law in this this area relates to DLA at the moment I thing that the DWP will take the view that breakfast can be satisfied by cereal or the equivalent, lunch could be a sandwich and it is only dinner that would need to be a prepared and cooked meal.

Arguments about the times that meals might actually take place are relevant but I think would in general be covered by re-arranging the order of the above.

In regard the heart of your argument. Descriptor (f) uses the word "cannot", whilst I think there is some flexibility in not treating this to mean "never", I do not think that a claimant being unable to prepare and cook a meal once a day when they can do so on two further occasions on the same day does not come close to satisfying the requirement of the Descriptor.

Forgive me, but it seems to me that your are trying to bring the Descriptor to your conditions rather than the other way around, where we have seen members do this I'm afraid it usually result in failure to score points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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