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Top Decision Making and Appeals topic #760

Subject: "cockburn decision" First topic | Last topic
carol obeirne
                              

welfare rights unit, cardiff council
Member since
20th Jul 2004

cockburn decision
Mon 10-Jan-05 12:14 PM

Anyone got any helpful pointers on this to use it in an appeal. I thought I could use it to back up the assertion that dealing with soiled clothes/bedclothes, changing them and possibly rinsing them could count as attention. After reading the House of Lords record of teh judgement, I'm not so sure.

  

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Replies to this topic
RE: cockburn decision, mike shermer, 10th Jan 2005, #1
RE: cockburn decision, andyplatts, 10th Jan 2005, #2

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: cockburn decision
Mon 10-Jan-05 02:50 PM



The Cockburn judgement did go round the houses a bit, but was not the essence of the decision that the changing of bedlinen and nightclothes did count as attention, as did the removal of the soiled bedding and nightwear to a place where they would normally be washed the following day - I think the arguement they used was it was not acceptable for reasons of hygiene to leave these items merely lying on the bedroom floor. However that the washing (which would also include rinsing) of them could not count as attention because it was not of an adequate personal nature, as this would be carried out in the absence of the claimant. Leastways, that's as I recall the gist of it..........

  

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andyplatts
                              

Team Manager, Welfare and Employment Rights Servic, Leicester City Council, Leicester
Member since
11th Feb 2004

RE: cockburn decision
Mon 10-Jan-05 03:19 PM

Ramsden v Sec of State for Work and pensions 2003 made a distinction between immediately dealing with the effects of incontinence, which could be attention and included the immediate changing of bedclothes and immediate rinsing etc, and the later washing of the bedclothes which was not attention as the latter was not carried out in the presence of the applicant.

  

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Top Decision Making and Appeals topic #760First topic | Last topic