Special dietary needs and preparing a simple meal

New PIP decision SSWP v KJ (PIP) [2017] UKUT 358 (AAC) includes assessment of what extent, if any, preparing the ‘right’ or ‘dietary appropriate’ food falls to be taken into account under activity 1. Judge Wright’s view is that it should not -

‘The statutory language of “a simple meal” and “a cooked one-course meal for one”, as opposed to “a cooked one-course meal for the claimant” or “a suitable meal”, as well as that statutory language only referring to the content of that which is being prepared of cooked in terms of “fresh ingredients”, in my judgment points against particular dietary requirements (other than fresh ingredients) falling within the scope of that which falls to be considered under Activity 1 ‘Preparing food’‘. (paragraph 48)

Referring to the conclusion in Moyna on the DLA cooked main test as a ‘notional test, a thought experiment, to calibrate the severity of disability’, Judge Wright adds -

‘... the relevance of Moyna sounds in the language of PIP relating to “Preparing food” highlighted in paragraph 48 above. That language too in my judgment is couched in terms of a ‘notional simple meal’ test and is not therefore a test which admits of the particular dietary requirements of individual claimants.’ (paragraph 49)