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Supervision and Case Law assessment of likelihood of harm [2017] UKUT 105 (AAC)
- Waxwing
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1 year 10 months ago #277304 by Waxwing
Supervision and Case Law assessment of likelihood of harm [2017] UKUT 105 (AAC) was created by Waxwing
Hello
Just a quick question please for clarification reasons. The case law "RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP): [2017] UKUT 105 (AAC) ; [2017] AACR 32 " assets.publishing.service.gov.uk/media/5..._2017__AACR_32ws.pdf covers problems with seizures, vision and the need for supervision etc. My question is would that case law also cover conditions like Osteoporosis where is a fall or trip occured then it would result in serious injury.
Also how would it be best to word this on a PIP Claim form when referencing the need of supervision for safety. Would it be better to use the word "substantial risk" or "significant risk" of serious injury if a fall or trip occured.
Thank you kindly in advance for your time and assistance.
Waxwing
Just a quick question please for clarification reasons. The case law "RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP): [2017] UKUT 105 (AAC) ; [2017] AACR 32 " assets.publishing.service.gov.uk/media/5..._2017__AACR_32ws.pdf covers problems with seizures, vision and the need for supervision etc. My question is would that case law also cover conditions like Osteoporosis where is a fall or trip occured then it would result in serious injury.
Also how would it be best to word this on a PIP Claim form when referencing the need of supervision for safety. Would it be better to use the word "substantial risk" or "significant risk" of serious injury if a fall or trip occured.
Thank you kindly in advance for your time and assistance.
Waxwing
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- BIS
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1 year 10 months ago #277354 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Supervision and Case Law assessment of likelihood of harm [2017] UKUT 105 (AAC)
Hi Waxwing
The issues raised in these cases could apply to any condition where there are safety and supervision issues for more than 50% of the time.
When filling out the PIP form, I don't think anyone is going to quibble whether you use substantial or significant risk - either way, you are saying that it is a risk that should not be ignored, and there is a high probability of a fall occurring and the person harming themselves.
BIS
The issues raised in these cases could apply to any condition where there are safety and supervision issues for more than 50% of the time.
When filling out the PIP form, I don't think anyone is going to quibble whether you use substantial or significant risk - either way, you are saying that it is a risk that should not be ignored, and there is a high probability of a fall occurring and the person harming themselves.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Waxwing
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1 year 10 months ago #277370 by Waxwing
Replied by Waxwing on topic Supervision and Case Law assessment of likelihood of harm [2017] UKUT 105 (AAC)
Thank you BIS your assistance is very much appreciated.
Kind Regards
Waxwing
Kind Regards
Waxwing
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