Adult Disability Payment 0 points for removing hearing aids whilst bathing

Hi Walky332000

I do remember reading about it recently, found this on piping.net; pipinfo.net/activities/washing-and-bathing which you may want to quote if you go for a MR.

Case law
Commentary:​ In [2020] UKUT 252 (AAC), the Upper Tribunal found that, where a person has to remove their hearing aids in order to have a bath or shower and that means they cannot hear or identify a typical alarm, then they should score 2 points under this activity - either for needing an applicance such as a flashing light in the bathroom, or for supervision so that another person can ensure they are safe. Judge Perez also found that the assessment of risk was not subjective and that First-tier Tribunals should not be able to make different decisions in this respect. These conclusions are binding unlike those made in [2018] UKUT 251 (AAC) which suggested that First-tier Tribunals may come to different conclusions. In addition, in ADM Memo 9/21, published on 17 May 2021, the DWP advises that Judge Perez' findings in [2020] UKUT 252 (AAC) only apply from the date of the decision which is 21 August 2020, and that it is carrying out an administrative exercise to identify claimants whose entitlement to PIP is affected by the decision.

Gary

Hi Walky33200

I would use the case law that Gary has pointed out to you. ADP has replaced PIP in Scotland, but it hasn't been around long enough for any case law to be established so its worth mentioning it on that basis.

BIS