Ambulatory oxygen

David

I think you will struggle on both counts but that should not stop you arguing your case.

There is Case Law for Mobilising that a nebuliser is not an aid for walking and I think that the same principle may be applied to the Oxygen, there are two issues you need to tackle, whether the claimant can complete an activity without the use of the Oxygen and secondly whether it meets the definition of an aid.

“aid or appliance”-
(a) means any device which improves, provides or replaces your impaired physical or mental
function; and
(b) includes a prosthesis.

Unless there is a specific activity, such as the claimant resting in an Oxygen tent, then I think the DWP will view the Oxygen as medicine and not therapy, this limits scoring to (b) of the Managing Therapy activity.

Gordon

David wrote: Thanks Gordon
So if I can't mobilise more than 20metres without oxygen 12e should still apply.
Oxygen therapy, as it is called, for 6 hrs a day they would class as a medicine for the purpose of PIP.

Yes, if you can show that you cannot reliably stand and then move (walk) more than 20m on the majority of days then you meet (e). This Descriptor says either aided or unaided so whether the Oxygen is classed as an aid or not does not matter.

“Therapy” is legally defined and means therapy to be undertaken at home which is prescribed or recommended by a—
(a) registered –
(i) doctor;
(ii) nurse; or
(iii) pharmacist; or
(b) health professional regulated by the Health Professions Council, but does not include taking or applying, or otherwise receiving or administering, medication (whether orally, topically or by any other means), or any action which falls within the definition of “monitor a health condition.

You need to show that the use of the oxygen meets this definition, I think the DWP will see it as akin to taking pain killers or the like. Do you think that you can show this?

Gordon