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DLA Unreasonable time taken to carry out personal care
I am representing a client who can carry out all aspects of personal care but would take all day if not receiving help. This would then preclude all other activities. I am submitting that time taken due to the pain and discomfort she suffers from is indicative of a care need. Does anyone have any case law they can direct me to for this or wording they have used in a submission that is helpful.
Thankyou.
Carole
CDLA/2481/1995 Commissioner Wheeler held that:
It was incumbent on the tribunal to make findings of fact on how long it took the claimant to attend to his own bodily functions and also how long it would take him to attend his bodily functions with the assistance of another person. There comes a point when if it takes so much longer, that help can only be considered to be reasonably required (paragraph 6)
Hope this helps, I’ve used it previously.
Sueky
here’s a link to CDLA/2481/1995 from rightsnet’s toolkit area -
http://www.rightsnet.org.uk/pdfs/CDLA_2481_95.pdf
cheers ros
Thank you both - very helpful.
Carole
P.S. Always open to any more advice on this subject from anyone else for future ref.
I frequently attend appeals where there is no one to assist with the personal care aspects.
It is helpful if the client can think about the tasks they avoid doing and WHY, or how many days its avoided.
For example, a client might not bother to dress because they need so long to rest and recouporate afterwards, so remain in night clothes.
Or they may want to have a bath to ease aching joints, but fear getting trapped and therefore have to strip wash or shower.
Many of my clients struggle to fasten and then twist a bra around to wear it. Therefore they go without but feel undressed all day, or have to wear clothes that make them feel scruffy because buttons or zips are too much of a struggle to be bothered with.
I find Tribunals are more sympathetic when the client talks about how they try, get frustrated and either ask for help or have to “avoid” a task - but making clear they dont want to, as opposed to just saying they cant do something unaided or get a carer to do it for them.