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Writing a Carers supporting letter and mentioning regulation 4 and 7 of PIP

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2 years 4 months ago #276008 by Waxwing
Hello

I am drafting out a carers supporting letter (I am his carer registered at local GP) for my brothers PIP application and I would like to know please would it be advised to include reference to regulation 4 and Regulation 7. For example:-

As his carer I believe his needs as described bellow satisfy the PIP descriptors when correctly
considered in light of regulation 4 of the Social Security (Personal Independence Payment)
Regulations 2013 which provide:
“(2A) Where his ability to carry out an activity is assessed as satisfying a descriptor only if he can
do so –
A. safely
B. to an acceptable standard
C. repeatedly and
D. within a reasonable time period.

The go on to say what his needs are and the help I provide and why for each activity and descriptor etc.....

Would this be overkill for a carers supporting letter and would it go against his claim?

Thank you kindly in advance for your assistance.
Waxwing

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2 years 4 months ago #276011 by LL26
Hi Waxwing,
What I would do is to use regs 4 and 7 but in a slightly gentler way.
So let's say you are describing descriptor 1 for cooking - here's an example
John can not cook and prepare food safely, in an acceptable manner or in a reasonable time. John is autistic. I have to constantly supervise him to ensure kitchen safety. John handles knifes by the sharp end, and often cuts himself. John creates considerable mess in the kitchen causing slip hazards, he is oblivious to dangers. I have to supervise him constantly whilst in the kitchen to ensure safety. Only with my supervision can John safely produce a cooked meal for himself in a reasonable time and repeatedly across the day.

Or maybe for bathing
John needs my help to enter and exit the bath safely. He has muscle wastage in his left leg and needs my help to steady him to get in /out of the bath. We do not have a separate shower. John takes hold of the grab rail and I have to lift his leg over the bath rim, and then have to help him to sit down. I became John's carer 11 months ago. Before I was there John tried to get into the bath and almost every time fell over, on 3 occasions he needed hospital attention. On another occasion he lay in the bathroom for three hours not being able to get up until he heard the postman and shouted for help. Without my help John can not bathe himself safely.

If help is only required for the majority of days be careful how you word this. If say 5/7 days need help, it is perfectly acceptable simply to say 'John needs help' and avoid mentioning reg 7. Otherwise if you need to establish a pattern of help then you could list eg last month
I had to help John to do...[explain]
3 days week 1
7 days week 2
3 days week 3
6 days week 4
Hence out of 28 days help was required 19 days. This shows that help is required for ' the majority of days' under reg 7. Reg 7 provides that the highest value score should be awarded when various descriptors apply equally. Therefore descriptor X c should be awarded.

I hope this helps.
Wishing you a Happy Christmas.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: anees292, Waxwing

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2 years 4 months ago #276014 by Waxwing
That has ben very helpful indeed and it is very much appreciated.

Just a quick additional question. If he uses aids should I mention he uses aids and why he uses them in my supporting letter? The reason why I am asking this (should have included it on original post) is because it is not help I give him but the aids replace the help that I would otherwise provide for certain activities. I do provide help in the form of supervision and I will explain why in my letter.

Thank you for your very informative advice LL26 it is always appreciated.
Have a very happy Christmas and all the best for the New Year LL26. (And all the forum mods) :)
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2 years 4 months ago #276016 by Gary
Hi Waxwing

Always include any aids used but the most important part is to say .... why you use aids and how they help.

Seasonal Greetings

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Waxwing

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2 years 4 months ago #276019 by Waxwing
Thank you Gary and Seasonal Greetings.

Just to confirm this is not for myself but information I am including about my brother in his supporting letter I am drafting as his carer.

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2 years 4 months ago #276028 by debmarc
regulation 7 should be used but wasnt in my claim........ive lots of health issues arthritis everywhere balance problems etc my partner either assists or supervises me all the time. I told them i had perching stool but my partner supervises and assists me but got 2 points for aid only got 2 points for going to loo my partner assists but cos ive a rail he was ignored. I mentioned ive a front fastening bra so 2 points in the bedroom when my partner assists dressing my bottom half.the only room they acknoledged i needed help was the roomin which i have no aid the bathroom he assists my bathing so for me mentioning aids scored me less!!!
The following user(s) said Thank You: denby, Gary, Waxwing

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