Aids and Appliances

RR

Certainly, if an aid is available then ATOS and the DWP are entitled to consider its use, however, there are two point regarding the use of aids.

First the use must be reasonable, whilst the there is no clear definition of what this means, this does not stop the claimant arguing that usage is not reasonable. One of our members claiming ESA had a wheelchair assessment done, and used the report as evidence that their using a wheelchair with regard to the ESA Mobilising test was not reasonable.

Secondly, even if an aid is used, the claimant is still entitled to hi-light problems that they have with the use of such an aid. The points you raise regarding incontinence pads are perfectly good reasons why a claimant might still meet the criteria.

Gordon

Jim Allison wrote:

Hi Rose,

Please give us a link to the case law so we can have a look at it and reply.

Kind regards.

Jim

I think Rosered is referring to new Decision Maker guidance for ESA, that you and CD made the forum aware of about a month ago.

Gordon