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PIP and Drug abuse

Terry Craven
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Benefit Advice & Appeals Service, Liverpool Veterans

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I have a client ex army who has PTSD. He has tried to hang himself. He uses cochineal. He’s just been turned down for PIP. I am undecided aboutvtaking it to appeal. Any assistance would be appreciated.

Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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Here’s our PIP fact sheet (which needs updating in terms of the roll-out areas at the start), but which does explain the basics Personal Independence Payment For more detailed information, see chapter 35 and appendix 13 of our Welfare Benefits Handbook 2014/15.

Essentially, it works in a similar fashion to the ESA assessment, in that your client’s abilities are tested against the daily living and mobility activities listed on page 2 and points awarded accordingly. If you score 8 points then you establish an entitlement to standard rates of the components, whereas 12 points mean entitlement to the enhanced rate.

However, crucially and differently to ESA, there are no exceptional circumstances provision as an alternative to the points-based assessment - so basically you need to argue the claim on the basis of whether your client meets the safely, reliably and regularly criteria as they apply to the specific activities listed. The fact of having any particular medical condition doesn’t bring about any special treatment when claiming PIP, except in cases of terminal illness.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Substance dependance is accepted as a medical condition by the World Health Organisation

http://www.who.int/substance_abuse/terminology/definition1/en/

NeverSayNo
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Welfare rights department - Northumberland County Council

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Hello Terry

A bit of an aside but we have wracked our collective brains in this office and cannot work out what “uses cochineal” means (we know what cochineal is in the food colouring/squashed beetle sense). But is this some drug use/slang we are not hip to?

Many thanks.

Dan_Manville
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PAW - 25 March 2015 10:35 AM

Hello Terry

A bit of an aside but we have wracked our collective brains in this office and cannot work out what “uses cochineal” means (we know what cochineal is in the food colouring/squashed beetle sense). But is this some drug use/slang we are not hip to?

Many thanks.

I thought it was a subtle literary reference to a certain Mr W S Burroughs…

benefitsadviser
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Sunderland West Advice Project

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I agree Dan, it is an illness, however its hard to answer terrys question as it doesnt mention how the drug abuse affects him. We could argue continual supervision regarding suicide attempts under DLA but i dont think PIP has provision for that.

Possibly motivation and prompting needed to wash,eat,cook,dress,change clothes,medicate,mix with people,go out???

Terry Craven
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Benefit Advice & Appeals Service, Liverpool Veterans

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PAW - 25 March 2015 10:35 AM

Hello Terry

A bit of an aside but we have wracked our collective brains in this office and cannot work out what “uses cochineal” means (we know what cochineal is in the food colouring/squashed beetle sense). But is this some drug use/slang we are not hip to?

Many thanks.

Sorry just noticed myself. Corrected, incorrectly misspelling of COCAINE which it’s doing still!!!!

Terry Craven
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Benefit Advice & Appeals Service, Liverpool Veterans

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It is veryvdifficult to differentiate between PTSD and affects of addiction. I went with him to assessment. Until he told HCP of drug addiction I only knew of his alcoholism. Basically,no was ambushed by client. Will argue I was unaware of cocaine etcl

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Terry1951 - 28 March 2015 09:11 AM
PAW - 25 March 2015 10:35 AM

Hello Terry

A bit of an aside but we have wracked our collective brains in this office and cannot work out what “uses cochineal” means (we know what cochineal is in the food colouring/squashed beetle sense). But is this some drug use/slang we are not hip to?

Many thanks.

Sorry just noticed myself. Corrected, incorrectly misspelling of COCAINE which it’s doing still!!!!

Profoundly disappointed with that. Really wanted Cochineal abuse to be a thing!

Val
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Welfare Rights Co-ordinator, Aberdeen Welfare Rights, Aberdeen

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My colleague wants to know if a side effect of cochineal abuse is that you turn cupcake pink if you use too much?

mark
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benefit/debt advisor, double impact, nottingham

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I work almost exclusively with people effected by substance misuse and have always found that an honest response is the way to go. Focus on the impact of misusing substances, rather that assuming that substance misuse on its own is argument enough. If someone is abusing any substance that the arguments come from the effects of using the substance and increased risks involved and or the effects on the individual on needing to imbue said substance and those around them if they are intoxicated or not.

Both can have inherent risks. For example, someone using cocaine may become unaware of the danger they are putting themselves in due to the increase in the assertiveness, confidence. They find it hard to remain focused on specifics, or flit from one thought to another. They may act irrationally around others, wild mood swings. How are they effected when coming down off the drug? Depression? Anxiety?  If they were unable to use, but had developed a dependency then they could be irritable, frustrated, quick to anger, aggressive. Could others in their presence fear for their safety, would they resort to crime to pursue the habit?

The fact that a client may not be completely truthful can also be seen as an argument against their readiness for work. An unwillingness to see the extent of their problems could be seen as a significant risk to others. People using substance and operating machinery! Driving vehicles! Working at heights!

Hope this helps