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PIP Preparing food descriptor f

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6 years 3 months ago #204265 by annmthomas
PIP Preparing food descriptor f was created by annmthomas
Has the meaning of “Cannot prepare and cook food “ ever been tested at a Tribunal?
I thought the descriptor applied if you cannot complete the whole activity of both preparing AND cooking food. So if you cannot prepare but can cook, or cannot cook but can prepare then the descriptor would apply.Because you can’t do both halves of the operation, even if you can do part of it. Thats what the ordinary use of English suggests to me. Eg I can’t do a clean and jerk at the gym unless I can pick the weight up and lift it over my head. (I jest...I do not lift weights!)
But I’ve just seen that the DWP guidance to their staff says if you can prepare food but you can’t cook , then you don’t fit this descriptor. They say you would probably qualify for needing assistance to cook instead, (which is 4 points less.) But if someone else actually does all the cooking that surely isn’t assistance?
After a while these words just seem like rhubarb rhubarb but surely ‘can’t prepare and cook’ means can’t prepare and cook?
I have just done my son’s PIP review form and I’m glad I didn’t read the DWP guide before I sent it off, just the B&W one!

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6 years 3 months ago #204284 by Gordon
Replied by Gordon on topic PIP Preparing food descriptor f
AMT

A list of the Case Law for the Preparing Food activity is on the following link

pipinfo.net/activities/preparing-food

Gordon

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

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6 years 3 months ago #204298 by annmthomas
Replied by annmthomas on topic PIP Preparing food descriptor f
Thanks, I’ll have a look when I’m feeling strong enough!

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6 years 3 months ago #204356 by annmthomas
Replied by annmthomas on topic PIP Preparing food descriptor F
Thanks for the link which I have now investigated. It seems there are no Tribunal cases directly addressing the question of what "Cannot prepare and cook food" means.
There is one helpful case from 2016 which confirms that heating a microwave ready meal does not amount to preparing and cooking a simple meal. It also finds, in relation to taking nutrition, that all parts of the activity set out in the descriptor have to be achievable. If you can do one part the process, such as chew and swallow, but you can't do another part such as cut up the food, then you can't be considered capable of the whole activity of taking nutrition.
It seems to me that the same principle would apply to "cannot prepare and cook" - if you can cook but not prepare food then you can't do the whole activity of prepare and cook.
Which brings me back to the DWP guidance which says exactly the opposite. It tells their decision makers that claimants must be incapable of both preparing and cooking to qualify. So if they can prepare food but not cook it, then they don't qualify.
Is there anything that can be done to challenge DWP guidance to staff which flies so plainly in the face of the simple meaning of the legislation?

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6 years 3 months ago #204364 by Gordon
Replied by Gordon on topic PIP Preparing food descriptor F

AMT wrote: Is there anything that can be done to challenge DWP guidance to staff which flies so plainly in the face of the simple meaning of the legislation?


As a separate issue, No! As an appeal to the Upper Tribunal then yes, although it would likely only be binding on the DWP if the case was heard by a three Judge panel, which would likely require more than one appeal to the UTT to have been made.

Gordon

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

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6 years 3 months ago #204373 by annmthomas
Replied by annmthomas on topic PIP Preparing food descriptor F
Gordon
Thank you for telling it like it is! I just find it shocking that legislators define what qualifies for benefit (and they aren't exactly generous in their definitions in the first place ) but then DWP management disregard what has been passed into law and effectively invent their own definitions - which they tell their staff to adhere to.
I would love to be in a position to take something like this to Tribunal and make DWP administer the law as it is written - but unhappily my son's difficulties all stem from a serious mental health condition so he would never be able to argue his case and I doubt they'd let me do it in his absence!
I don't know how you moderators go on dealing with this dishonest system day after day and yet still keep your cool. It depresses me beyond belief!
I am going to bury my head back in the sand now until we get the result of our latest claim, then I may well be back, asking for your guidance.

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