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DLA cooking test - microwave use

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11 years 5 months ago #93832 by cynical_optimist
DLA cooking test - microwave use was created by cynical_optimist
At DLA tribunal yesterday, the judge explained that the cooking test wasn’t about whether or not I actually cook, and included using a microwave - asked could I make a simple meal for myself using a microwave.

I said I didn’t know - I only really used a microwave to heat baked beans, and I couldn’t imagine trying several steps in a microwave.

Isn’t this wrong - the cooking test is about using a hob or an oven NOT a microwave, but PIP is possibly going to include microwave cookery?

If it has any bearing, my application was made in February. Just had the letter refusing me any level of DLA.

Best wishes all

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11 years 5 months ago - 11 years 5 months ago #93838 by Gordon
Replied by Gordon on topic Re:DLA cooking test - microwave use
CO

The Case Law regarding the use of a microwave in the cooking test is variable, basically from it should be ignored to it can be considered :(

The following (section 3.2.4), has a summary of the relevant Decisions, you would need to look at each one to see whether it specifically meets your circumstances.

www.disabilityrightsuk.org/dlalaw.htm

We can't advise whether any of this constitutes an Error of Law, which you would need to show in order to challenge the Tribunal Decision, so you need to get face to face advice from someone with experience in challenging Tribunal results.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago - 11 years 5 months ago #93839 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA cooking test - microwave use
See Use of oven, microwave and other adaptations

The relevant paragraphs start at 3.2.4.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago - 11 years 5 months ago #93840 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA cooking test - microwave use
Sorry Gordon your post wasn't there when I started writing.

See also this House of Lords decision which deals with the cooking test
Moyna v Sec of State for Work & Pensions

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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11 years 5 months ago #93845 by cynical_optimist
Replied by cynical_optimist on topic Re:DLA cooking test - microwave use
Thanks both, that's really helpful!

I thought that it was that microwaves weren't to be counted in the prep of a simple meal, but it's useful to know that isn't actually the case.

I'm definitely getting advice on this one!

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #93865 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA cooking test - microwave use
The use of a microwave oven in the cooking test has changed over the years, often due to conflicting decisions by Social Security Commissioners and more recently Upper Tribunals.

Nowadays, it is possible for example to buy peeled and cut carrots, broccoli and cauliflower for one which can be steamed in the microwave oven which obviates the need to chop and peel vegetables and use a heavy pan. The same method can be used to steam small potatoes, or a jacket potatoes can easily be cooked in a microwave.

Small fillets of meat and/or fish can also be cooked to perfection in a microwave.

With some microwaves now having a grill and/or a combo oven have in my opinion led to a change in direction of the role of a microwave in recent times by Social Security Commissioners and Upper Tribunals.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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