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reading and Understanding signs symbols words
Hi
Im looking at a PIP appeal at the minute where the claimant is illiterate and can basically sign his name and nothing else. He gets audio bills from Northumbrian Water and for an Argos Store Card, and his GP has it recorded that he is illiterate.
He has been given 0 points in relation to Activity 10 because the illiteracy is not as a direct result of a learning or cognitive impairment. basically he had a poor education and didn’t finish school. he didn’t learn to read or write.
It is clear that he has these difficulties but my concern is that the tribunal will overlook these issues because it isn’t a diagnosed health issue.
Does anybody have any experience of this and does anybody have any pointers or tips?
you can’t get over the causation hurdle, since the illiteracy is not caused by a health issue. matters would only be different if someone were now able to diagnose a relevant health issue, but that would be in his GP notes if so.
Yes, illiteracy in and of itself is not something that can lead to an award of points for PIP, see page 726 CPAG 2016/17 “If you have never learned to read in English, you only score points for this activity if this is because of a physical or mental condition”
Referral in to look at whether this person his a learning disability would be where I’d start.
Confirmed in [2017] UKUT 30 (AAC) published today -
Given what is said in section 78 of the Welfare Reform Act 2012 and to which I have just referred, it must follow that points can only be awarded to a claimant in respect of illiteracy if that illiteracy is linked to a physical or mental condition limiting that person’s ability to read or which has prevented that person from learning to read. (paragraph 16)
http://www.bailii.org/uk/cases/UKUT/AAC/2017/30.pdf
clearly i read this at just after Daphne did!