× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Mental health and the DLA “cooking test”

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

Hi guys and gals. Client of mine put in a claim for DLA based upon problems with his mental health. LRM a probability as he is constantly suffering panic attacks and cannot leave the house unless accompanied.
Trying to look at the care thing, and one of the reasons for his anxiety and panic is that he was assaulted and had his neck, throat and cheek slashed, is scarred for life and now has developed a very real phobia of knives. His sister cooks for him and he eats with a spoon apparently. Anyway-he reckons he cant cook a meal as he is unable to chop or peel vegetables due to his knife phobia.
I remember reading recently that someone scored 0 ESA points who was mute by choice, rather than illness on a communication descriptor. Would a similar position be taken regarding the fact he physically is able to use a knife and “chooses” not to? I reckon not as his DLA claim is based upon mental health anyway. Does anyone have any similar experiences? Thanks

ktc
forum member

Project manager, Birmingham Tribunal Unit, Birmingham

Send message

Total Posts: 6

Joined: 16 June 2010

Look at CSDLA/80/96 - ‘if in consequence of a neurosis a lack of motivation or fear prevents the preparation of a cooked main meal then a tribunal would be entitled to conclude that the lowest rate care component award was justified.’  There may be more recent decisions but we regularly use this one.