Have a client who is an alcholic. She did not get awarded any points for 16b of the PCA.

She stated to the EMP that the earliest she would start drinking is around 1pm. She also explained that she usually stays in bed often after midday. Basically it looks like she is a night shift alcholic, drinking until the early hours of the morning and then going to bed around 3 or 4am. This is of course drinking before midday.

I would be interested to hear another opinion on this.

M

I admire the logical process that says that drinking in the early hours of the morning brings your client within the descriptor of drinking before midday.
However, I percieve a slight flaw: according to most authorities I've ever read seem to state that for benefit purposes the "Day" runs from when a normal household arises (say 7.30/8am) to when it retires for the night at around 10.30pm average.

Therefore it follows that inbibing large quantities of alcohol between 1 and 4am does'nt quite qualify .......brownie points for lateral thinking though....

I think it's intended to catch the so-called "eye-opener" - the first-thing-in-the-morning drink that many alcohol misusers need to start the day with.

Tried it and it was accepted

It looks like the tribunal took the view that 16b is there to find out whether the person is addicted to alcohol i.e. if the person craves/drinks alcohol on awakening that can meet the descriptor; even if the person doesn't begin drinking before midday.

Just picked up on this thread as I had a case a number of years ago now which went to Commissioner and this was one of the points I had ready to argue at oral hearing - as it turned out I didn't have to argue it as DWP solicitor and Commissioner agreed on this point immediately.