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2 months 1 week ago #287985 by Kelly
LCWRA was created by Kelly
Is LCWRA automatically granted in cases where it can be proven that the claimant needs regular prompting to convey food or drink to the mouth by someone else in their presence and regular prompting to chew or swallow food or drink by someone else in their presence?

Would it be helpful to mention in the UC50 form that the claimant has scored points in their PIP assessment for needing prompting in the eating and drinking activity?.

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2 months 1 week ago #287986 by Gordon
Replied by Gordon on topic LCWRA
K

There are two Activities that are not included in the WRAG/LCW group activities but are in the SG/LCWRA ones.

15. Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving —
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.

16. Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.

If it was accepted that you met 16d(ii) of the above then you would qualify for the ESA Support Group or UC LCWRA group.

Descriptor 2d of the PIP activities is the closest that matches to the ESA/UC one but is clearly classed as a less severe requirement in the context of PIP, so I would not rely on your having met Descriptor 2d to help you score for ESA/UC.

Gordon

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

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