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TOPIC: PIP legislation & case law...

PIP legislation & case law... 4 months 1 week ago #204492

Hi

I’m at the mandatory review stage for PIP.

I’d like to find out before I get to appeal (I have anticipated the long haul from the start...)

- I cook for my children, but often do not for myself...is there any legislation or case law that expressly states that being able to cook a meal relates specifically to the claimant...?

- Therapy...I have received Dialectical Behavioural Therapy...this is a skills based course and the first line ‘treatment’ for my mental health condition. The course teaches the skills...then I’m supposed to practise them on a daily basis. I consider this daily ‘therapy’ - if/when I don’t do it, my condition gets worse. Is there any legislation or case law that would support this type of therapy within the remit of PIP? I can imagine that therapy more obviously includes that required for physical problems....

Many thanks.

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PIP legislation & case law... 4 months 1 week ago #204500

Crochetta

There is no Case Law requiring the meal to be solely for the claimant, I'm afraid, if you can prepare and cook meals for your children then you are very unlikely to score points for this activity.

The Therapy activity requires the claimant to need "supervision, prompting or assistance", your post does not mention this.

Gordon

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

PIP legislation & case law... 4 months 1 week ago #204642

Thank you

I’m hoping you may be able to help further if I clarify...

Re cooking food
I ‘cook’ for my children. Both have asd. For my son, 90% of the type of meals that I cook him only need to be taken out the freezer and oven heating e.g. chicken nuggets and chips.

My daughter likes ‘proper’ food such spaghetti bolognese, which I make from scratch. However, I tend to cook a batch and then freeze it into portions for her. This is to reduce the number of times I have to cook, as I find it stressful keep cooking ‘simple meals’. I often do not eat what I cook and freeze for her. I wouldn’t cook the meals if it wasn’t for her. I wouldn’t be motivated to for myself. Am I able to cook relisbly, considering that I only cook once a week or so...

Also, if I am considered to be able to reliably cook a simple meal - can I argue that my children prompt me too?


WRT the therapy. I often don’t carry out my therapy, so I do need help to carry it out reliably. What I wonder, is can this type of therapy be considered ‘therapy’ according to PIP? I think it meets the definition...but wondered if there was any further explanation by way of case law as to whether DBT is ‘therapy’.

Many thanks.

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PIP legislation & case law... 4 months 1 week ago #204678

Crochetta

All you can do is explain the problems that you have with Preparing Food and see how you are scored, but I would not rely on the points.

There is nothing other than the definition of therapy in the guide which is copied from the legislation, from your description the main issue will be showing that your conditions will worsen as a direct result of the therapy not being carried out.

Gordon

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