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Normal life?

Rosessdc
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Welfare Benefits South Somerset District Council

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Total Posts: 23

Joined: 15 July 2010

Can anyone point me at some relevant case law please?
Had a hearing with a client who gave complete and credible evidence re his difficulties.
Part of this evidence related to a period of 2-3 hours in the night when he is woken by pain and goes downstairs. His wife goes with him to make sure he is safe on the stairs. She makes him a drink, gets painkillers for him and rubs deep heat into his back. The statement of reasons said he did not have to go downstairs, but could have a chair put in the spare bedroom. He could also have a microwave to warm up a pre-prepared drink, and use it to heat a pad which he could apply himself for pain relief. The issue of the chair in the spare room was brought up at the hearing, and I said that it was not reasonable to expect him to sit alone in a spare room, but that the object was him having a ‘normal’ life, and it had always been normal for him to sit downstairs if awake at night.
I’m also looking at other points, but feel that there must be some caselaw somewhere??

Ariadne
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Social policy coordinator, CAB, Basingstoke

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Joined: 16 June 2010

I dealt with a case about someone getting up several times in the night to go to the loo (prostate trouble) and needing his wife to help him because he was wobbly. DM took the view that he could use a bottle, no probs with hands, and if it got full empty it into a bucket by the bed so didn’t need help.
Appeal down on the basis that you had to consider aids it was reasonable for him to use
Overturned by commissioner who said it wasn’t reasonable to have a bucket on the floor.
I can’t give you the reference number/date as I no longer have the details but I’m sure it wasn’t reported.

Rosessdc
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Welfare Benefits South Somerset District Council

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Total Posts: 23

Joined: 15 July 2010

Just got upper tier result on this case.
Tribunal decision set-aside as ‘for a tribunal to suggest that the claimant could have a reclining chair…...is, in my judgment, beyond what a tribunal may properly suggest.

Thanks for all help