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PIP Food preparation=- what do these words mean?
- annmthomas
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10 years 10 months ago - 10 years 9 months ago #122476 by annmthomas
PIP Food preparation=- what do these words mean? was created by annmthomas
Thought I'd nearly finished PIP2 for my son's transfer from DLA to PIP. (He has serious mental illnesss and his condition vaires) Read B&W guide first of course!
Felt I'd made a good case, possibly top points,on preparing food - assuming that they accept mental health problems are as valid as physical. I'd focussed on how infrequently he manages to prepare and cook a simple meal (bearing in mind "reliably" and repeatedly). He can often only heat pizza or a ready meal, which doesn't fit the defintion of a meal using fresh ingredients. But then I noticed the top descriptor widens the goal posts and refers to being unable to "prepare and cook food".
Am I right to conclude that the difference in wording between simple meal and food is significant?
Does it , for instance, mean that baked beans on toast (no fresh ingredients) isn't a simple meal so for descriptors a-e it doesn't matter whether or how often you cook them, but for descriptor f it counts as cooked food, so it's enough to prevent you ssaying you can't (reliably) prepare and cook food?
If the slightly different wording used in f. does have that impact, dare I suggest that it would be helpful if the Guide pointed that up, to avoid others missing the subtle difference like I did?
Next question (related)
Does putting a frozen pizza in the oven count as cooking food, since cooking is defined as heating at wasit height or above? If not, it would seem roasting a chicken isn't cooking but boiling an egg is! This makes the mind boggle.
Even more silly: what if your cooking hob is below waist height? Is it only eye level grilling that counts as cooking? My son is 6'3" so all his work surfaces, oven and hob are below waist height, but I doubt I could bring myself to run that argument!! Please someone talk some sense into me, I'm going round in circleas.
Felt I'd made a good case, possibly top points,on preparing food - assuming that they accept mental health problems are as valid as physical. I'd focussed on how infrequently he manages to prepare and cook a simple meal (bearing in mind "reliably" and repeatedly). He can often only heat pizza or a ready meal, which doesn't fit the defintion of a meal using fresh ingredients. But then I noticed the top descriptor widens the goal posts and refers to being unable to "prepare and cook food".
Am I right to conclude that the difference in wording between simple meal and food is significant?
Does it , for instance, mean that baked beans on toast (no fresh ingredients) isn't a simple meal so for descriptors a-e it doesn't matter whether or how often you cook them, but for descriptor f it counts as cooked food, so it's enough to prevent you ssaying you can't (reliably) prepare and cook food?
If the slightly different wording used in f. does have that impact, dare I suggest that it would be helpful if the Guide pointed that up, to avoid others missing the subtle difference like I did?
Next question (related)
Does putting a frozen pizza in the oven count as cooking food, since cooking is defined as heating at wasit height or above? If not, it would seem roasting a chicken isn't cooking but boiling an egg is! This makes the mind boggle.
Even more silly: what if your cooking hob is below waist height? Is it only eye level grilling that counts as cooking? My son is 6'3" so all his work surfaces, oven and hob are below waist height, but I doubt I could bring myself to run that argument!! Please someone talk some sense into me, I'm going round in circleas.
Last edit: 10 years 9 months ago by Gordon.
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- slugsta
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10 years 9 months ago #122499 by slugsta
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Replied by slugsta on topic PIP Food preparation=- what do these words mean?
I have moved this to the top in the hope that one of the other moderators will be able to help with your query.
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- Gordon
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10 years 9 months ago #122511 by Gordon
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Replied by Gordon on topic PIP Food preparation=- what do these words mean?
AT
From what I can find there is no clear definition of what "fresh ingredients" consist or do not consist of, where no clear definition is made the usual practice is to consider what a reasonable person would include. On this basis I would expect pizza to be considered a fresh ingredient and whilst baked beans would not normally be described as "fresh", the PIP Assessment guide makes references to tins in relation to this subject so I cannot state with authority that they are excluded.
I think that are you confusing your self as to how the Descriptors operate, I know that it can seem as if the DWP are trying to trick claimants through the way that they are written, but that is not the case, the scenario you painted in your post is incorrect and you should treat it as being synonymous with being unable to prepare a simple meal even with the use of aids and appliances, the use of a cooker or microwave, or with prompting.
With regard to your second question, I am afraid I think you are over complicating things, the test is cooking a simple meal with the restriction that it must be done above waist height, so cooking a roast chicken might still be considered cooking a simple meal, but is excluded because it is not done above waist height, I am deliberately ignoring the issue of an oven installed at eye level.
These matters have not yet been tested at an Upper Tribunal and the tests are sufficiently different from the DLA ones that I do think that the established Case Law for that benefit can be assumed to also apply to PIP. Until they are, I think it reasonable for claimants to limit themselves to discussing the use of a hob and a microwave cooker and leaving the oven out of the question.
As a general comment for PIP, avoid talking about what your son does not do and instead look at what he cannot do and why. You mention consideration of reliably, repeatedly, etc. in your post, but then seem to ignore them in your examples.
Gordon
From what I can find there is no clear definition of what "fresh ingredients" consist or do not consist of, where no clear definition is made the usual practice is to consider what a reasonable person would include. On this basis I would expect pizza to be considered a fresh ingredient and whilst baked beans would not normally be described as "fresh", the PIP Assessment guide makes references to tins in relation to this subject so I cannot state with authority that they are excluded.
I think that are you confusing your self as to how the Descriptors operate, I know that it can seem as if the DWP are trying to trick claimants through the way that they are written, but that is not the case, the scenario you painted in your post is incorrect and you should treat it as being synonymous with being unable to prepare a simple meal even with the use of aids and appliances, the use of a cooker or microwave, or with prompting.
With regard to your second question, I am afraid I think you are over complicating things, the test is cooking a simple meal with the restriction that it must be done above waist height, so cooking a roast chicken might still be considered cooking a simple meal, but is excluded because it is not done above waist height, I am deliberately ignoring the issue of an oven installed at eye level.
These matters have not yet been tested at an Upper Tribunal and the tests are sufficiently different from the DLA ones that I do think that the established Case Law for that benefit can be assumed to also apply to PIP. Until they are, I think it reasonable for claimants to limit themselves to discussing the use of a hob and a microwave cooker and leaving the oven out of the question.
As a general comment for PIP, avoid talking about what your son does not do and instead look at what he cannot do and why. You mention consideration of reliably, repeatedly, etc. in your post, but then seem to ignore them in your examples.
Gordon
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 9 months ago - 10 years 9 months ago #122528 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic PIP Food preparation=- what do these words mean?
Does this help : ouchtoo.org/index.php?topic=2246.0
Plus this is an extract from latest PIP Regulations :
Preparing food Definitions:
A ‘simple meal’ means a cooked one course meal for one using fresh ingredients – not a ready meal. ‘Prepare’ means making food ready for cooking or eating and ‘cook’ means to heat food above waist height. Remember to consider whether you can cook safely, to an acceptable standard, repeatedly and in a reasonable time period. ‘Unaided’ means without using an aid or appliance and without supervision, prompting or physical help. ‘Assistance’ means physical intervention by another person and does not include speech. ‘Prompting’ means reminding, encouraging or explaining by another person. ‘Supervision’ means the continuous presence of another person to keep you safe.
For all of the following descriptors you are only considered to be able to do the activity if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time period. “safely” means in a manner unlikely to cause harm to you or to another person, either during or after completion of the activity “repeatedly” means as often as the activity is required to be completed.
For example if you can cook a simple meal, but there would be a risk of you burning yourself, or leaving the gas on, or it would take you very long time to complete the task, you are not considered to be able to cook simple meal.
Plus this is an extract from latest PIP Regulations :
Preparing food Definitions:
A ‘simple meal’ means a cooked one course meal for one using fresh ingredients – not a ready meal. ‘Prepare’ means making food ready for cooking or eating and ‘cook’ means to heat food above waist height. Remember to consider whether you can cook safely, to an acceptable standard, repeatedly and in a reasonable time period. ‘Unaided’ means without using an aid or appliance and without supervision, prompting or physical help. ‘Assistance’ means physical intervention by another person and does not include speech. ‘Prompting’ means reminding, encouraging or explaining by another person. ‘Supervision’ means the continuous presence of another person to keep you safe.
For all of the following descriptors you are only considered to be able to do the activity if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time period. “safely” means in a manner unlikely to cause harm to you or to another person, either during or after completion of the activity “repeatedly” means as often as the activity is required to be completed.
For example if you can cook a simple meal, but there would be a risk of you burning yourself, or leaving the gas on, or it would take you very long time to complete the task, you are not considered to be able to cook simple meal.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.
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- annmthomas
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10 years 9 months ago #122557 by annmthomas
Replied by annmthomas on topic PIP Food preparation=- what do these words mean?
Thank you all for your replies.
I had seen and understood the DWP definition of a simple meal but my concern was that the last descriptor which scores top points doesn't refer to a simple meal like the others do. It only mentions food.
It seems to me therefore that to qualify for top points you have to be unable to prepare and cook food of any sort - which could fall a long way short of making a simple meal using fresh ingredients. Pasta with a jar of sauce would be food but not a simple meal, as defined in the regs. Heated up soup and a piece of toast would be food but not a simple meal. I'm also pretty sure pizza on its own isn't a simple meal as defined either a) because it hasn't been prepared by the claimant b) because the claimant hasn't used fresh ingredients to make it - regardless of whether it counts as fresh even if its frozen - it is only a single item so it can't be ingredients plural and c) its not been cooked at waist height. But is clearly is food.
So if you can only cook pizza and pasta and soup you can't prepare a simple meal, but you can cook food. So you might be able to score 4 but not 8 for this activity.
However if descriptor f used the "simple meal" test rather than the wider test of "food" then you could get 8 points.
So the interpretation does matter. I'd be pleased if I could take it that food in descriptor f really means simple meal as I think Gordon is suggesting, but I don't think legislation works like that. If they'd meant simple meal surely they'd have said so.
I had seen and understood the DWP definition of a simple meal but my concern was that the last descriptor which scores top points doesn't refer to a simple meal like the others do. It only mentions food.
It seems to me therefore that to qualify for top points you have to be unable to prepare and cook food of any sort - which could fall a long way short of making a simple meal using fresh ingredients. Pasta with a jar of sauce would be food but not a simple meal, as defined in the regs. Heated up soup and a piece of toast would be food but not a simple meal. I'm also pretty sure pizza on its own isn't a simple meal as defined either a) because it hasn't been prepared by the claimant b) because the claimant hasn't used fresh ingredients to make it - regardless of whether it counts as fresh even if its frozen - it is only a single item so it can't be ingredients plural and c) its not been cooked at waist height. But is clearly is food.
So if you can only cook pizza and pasta and soup you can't prepare a simple meal, but you can cook food. So you might be able to score 4 but not 8 for this activity.
However if descriptor f used the "simple meal" test rather than the wider test of "food" then you could get 8 points.
So the interpretation does matter. I'd be pleased if I could take it that food in descriptor f really means simple meal as I think Gordon is suggesting, but I don't think legislation works like that. If they'd meant simple meal surely they'd have said so.
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10 years 9 months ago - 10 years 9 months ago #122575 by Gordon
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Replied by Gordon on topic PIP Food preparation=- what do these words mean?
Ann
I understand what you are saying, but at this time we only have the legislation and DWP issued guidance which appears to be quite clear;
my emphasis.
Perhaps, when this Descriptor is challenged in the Upper Tribunal there will be clearer guidance as to what the last 1(f) is intended to mean, but at this time there is not.
Frozen food is not considered to be fresh, but prepared food which could include a pizza is, tinned food is also considered as being relevant, the Assessment guide makes reference to opening tins, but I think it would be reasonable to argue that a meal that only consists of items from tin(s) does not meet the definition of fresh and that food that only consists of prepared products does not meet the definition of preparing a simple meal
The purpose of the PIP2 form is for the claimant to set out their arguments as to why they meet a particular level of descriptor with support from the available evidence, it is the DWP Decision Maker who will decide whether they have been successful.
So, if your son cannot reliably, repeatedly, etc. prepare a simple meal then you should explain this in the form.
If he cannot reliably, repeatedly, etc. prepare and cook any food then you should detail this in the form.
Gordon
I understand what you are saying, but at this time we only have the legislation and DWP issued guidance which appears to be quite clear;
This activity considers a claimant’s ability to prepare a simple meal. This is not a reflection of a claimant’s cooking skills but instead a consideration of the impact of impairment on their ability to perform the tasks required. It assesses ability to open packaging, serve food, peel and chop food and use a microwave oven or cooker hob to cook or heat food.
my emphasis.
Perhaps, when this Descriptor is challenged in the Upper Tribunal there will be clearer guidance as to what the last 1(f) is intended to mean, but at this time there is not.
Frozen food is not considered to be fresh, but prepared food which could include a pizza is, tinned food is also considered as being relevant, the Assessment guide makes reference to opening tins, but I think it would be reasonable to argue that a meal that only consists of items from tin(s) does not meet the definition of fresh and that food that only consists of prepared products does not meet the definition of preparing a simple meal
The purpose of the PIP2 form is for the claimant to set out their arguments as to why they meet a particular level of descriptor with support from the available evidence, it is the DWP Decision Maker who will decide whether they have been successful.
So, if your son cannot reliably, repeatedly, etc. prepare a simple meal then you should explain this in the form.
If he cannot reliably, repeatedly, etc. prepare and cook any food then you should detail this in the form.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 9 months ago by Gordon.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), annmthomas
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