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needs to use an aid or appliance (singular)
The first 8 DL activities refer all say “needs to use an aid or appliance…” This grammatical construction is referring to using a single aid or appliance. The definition in the PIP Regs is also singular.
So, is it arguable that a claimant who needs to use more than one aid or appliance to complete an activity is not caught by this descriptor but should meet a higher scoring descriptor, typically ‘needs assistance’? If they can’t complete the activity using a single aid how can they be scored for doing so?
Someone who needs to use a grab rail and a long handled sponge in order to wash or bathe, for example, needs to use 2 aids or appliances…
“assistance” means physical intervention by another person and does not include speech;
Somewhere in the darker corners of my brain, I recall there being something called “The Interpretation Act” (1871?) which states that unless a piece of legislation specifically states otherwise, the singular shall include the plural (and the masculine the feminine). So in a nutshell I think whether the activity is performed with 1, 2 or more aids makes no difference as long as at least one aid is needed
You’re quite right Grant, but its not as ancient as that - its s6 of the Interpretation Act 1978 (http://www.legislation.gov.uk/ukpga/1978/30/contents).
...amending the original 1889 Act.
Thanks Grant, stopped me making an eejit of myself