Using keywords/Phrases from Reg 7 and Reg 4 in PIP Answers? Frowned upon?

Hi Kpow,
I think it is really important to refer to reg 4 and/or 7 as appropriate.
PIP is not binary, ie you can do/ you can't do. Let me give an example or two. A person with epilepsy has no physical disabilities preventing him cook or taking a bath. His hands are good, there is no mental health issues. He can peel and chop and make whatever food he fancies. He can get in the bath without any difficulty. Without reg 4 this person gets no points for these activities, after all he can do them, and probably without any issue ever...but, what happens if he has a fit whilst carrying a pan of boiling water, or if he is in the bath, he could drown. This person can score points for needing supervision whilst cooking or bathing. The rational is via reg 4 because there is a substantial risk to his safety . The fits may only be seldom, but the risk is significant as serious injury or even death could occur. This is a very real risk.
Similarly a lady with severe arthritis has terrible difficulty getting dressed. Bending can be done, but it all takes time. Everyone else in the house is ready to go out, but this lady is still struggling with trousers, buttons etc. She takes at least three times longer than the others...sure this lady can get dressed, but it completely tires her out, and takes far too long. Reg 4 gives her points to recognise that many disabled people don't have help and have to get on with stuff alone, but it is a real effort.
Likewise her severe pain may also mean she can not reach an acceptable standard. She can feed herself slowly but food gets spilled all down her due to shaky hands. This may not be acceptable either. Due to pain, fatigue particularly later in the day, she can no longer perform PIP activities as she is too exhausted. Her words become gibberish, and she can not talk. Despite being mostly able to perform PIP tasks earlier, this lady can not repeat communication, or eg cooking, dressing etc across the whole day , as many times as reasonably required.
This is why reg 4 is really important.
Reg 7 allows descriptors in the same section to be aggregated if need be. Very seldom have I come across someone whose disabilities change so that different activities can be done at different times. I guess it could happen. Reg 7 helps define which descriptor applies. Often you might fulfil 2 or 3 descriptors at once. If equally, then you get the highest value. If not equal, you get the points for the most prevalent descriptor.
Remember that per reg 7 the important consideration is what happens for the majority of DAYS not time. ( That is the test for ESA/UC)
This of course dovetails with being able to repeat across the whole day. If you fail to 'repeat ' apart from a very trivial time, eg 5 or 10 minutes for communication when you might tequire to do this 24/7 - then that is a day that counts as part of the majority. So if for 4-7 days per week you can't do all the repetitions - which will depend on the activity involved then you can't do the activity for the majority of days, even though you can perform each PIP activity correctly several times each day.
If you are unsafe, not acceptable or too slow, whilst attempting PIP activities these will also count towards the majority of days.

Use reg 4 and 7 to describe how you complete activities or not. If you are unsafe etc then this indicates that you might need an aid/appliance. If that is sufficient, you score usually 2 points. Matbe you need more help ie physical help or prompting if that is enough. Failing that if physical help or a gadget still isn't enough to allow all elements of reg 4 to be met, then chances are for PIP purposes, you 'can't do X" and should score maximum points on that descriptor.

DWP is notoriously bad at taking regs 4 and 7 into account and often need reminding. I'm sure DWP realise people get help with forms directly or indirectly. If you personally don't feel comfortable referring to these regulations why not add a comment at the bottom of the form in a prominent place to the effect that form was written with help from a benefits adviser.
Write the best form you can with as much information and examples referring to regulations, and even descriptor points ' it is all totally fine!

I hope this helps.
LL26

Hi Trass1

We try to discourage people from asking questions on someone else's post as it can become confusing. Just create a post and ask your question. I can't guarantee that LL26 will answer it because it depends on when they are next around to answer.

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