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PIP - needing reminder alarms on a mobile phone. Prompting? An aid?
PIP appeal
My client needs to set her mobile phone alarms to:
- remind her to cook and eat, because she doesn’t get hungry
- remind her to take her medication, because she forgets
She can set the alarms herself
Is this prompting? Can a machine prompt - or does all prompting have to be done by a real live person? If she didn’t use her phone, she would need a person to do the prompting.
Is this an aid?
If you can point me to any decisions or ADM guidelines, that would be a great help
“Prompting” means reminding, encouraging or explaining by another person so alarms wouldn’t count for that unless she ignores the alarms or forgets what they are for and needs to be prompted (even if she doesn’t get the prompting).
The PIP definition of an aid or appliance is; (a) means any device which improves, provides or replaces [the claimant’s] impaired physical or mental function; and (b) includes a prosthesis.
Some things you might want to ask: When her alarm goes off does it giver her a written instruction? Does she have to carry it around with her so she doesn’t forget it? Does she ever ignore the alarm or get distracted and forget the task?
See also this from CPag section on aids, they refer to an alarm for medication.
See para 13 for alarms for medication
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4689
Reg 2 “aid or appliance”- (a) means any device which improves, provides or replaces the impaired function
Reg 4(2) the ability to carry out an activity is to be assessed on the basis of the claimant’s ability whilst using any aid or appliance which they normally use or could reasonably be expected to use.
Judge Mark ruled that a bed could be an aid for the purposes of getting dressed. However, in [2016] UKUT 197 AAC, Judge Jacobs disagreed finding that, whilst an item did not have to be specifically designed as an aid, it nevertheless must be sufficiently ‘connected’ to the activity to count as an aid for the purposes of PIP. In [2016] UKUT 501 (AAC), Judge Markus prefers the ‘connection argument’, holding that sitting was a ‘usual and normal’ way to dress which meant a bed was not an aid for dressing or undressing in all but the most exceptional cases.
https://pipinfo.net/issues/aids-and-appliances
The SSWP - It is my submission that “aids or appliances” are used where the claimants are unable to manage their medication due to their health condition or impairment and include items such as dosette boxes, alarms etc.”
D J MAY QC Judge of the Upper Tribunal - I find myself in agreement with that submission. Keeping medication in one place in my view does not fall within the definition of “aid or appliance” as set out in the regulations referred to by the Secretary of State.
http://administrativeappeals.decisions.tribunals.gov.uk//judgmentfiles/j4865/CSPIP 666 2014.doc
I’m thinking the use of an alarm is both an aid and convenience.
There are more dedicated aids - NHS approved? - https://www.echo.co.uk/
The argument would be around showing that the aid is required due to a diminished/reduced/absent function.
The more meds and differing dose and frequency may mean the more likely a reminder is required even where there is no loss of function.