Toilet Needs & Prompting to take Medication Query

Been out of the loop for some time due to ill health but would appreciate anyone’s input on the following 2 questions….

i) With regards PIP Descriptor 5C

toilet needs” means – 
(a)getting on and off an unadapted toilet;
(b)evacuating the bladder and bowel; and
(c)cleaning oneself afterwards; and

Can the claimant get awarded 2 points for satisfying point (a) only,(B) only, (C) only or does it have to be (A) and (B) together or (B) and (C) together or all 3 at once.

This is due to a client who is physically ok but has a fear of evacuation of bladder and bowel, so would satisfying (b) on it’s own suffice for the 2 points!

ii) I recollect there may be some case law or amendment regs on this but again can a client who needs prompting every day to ‘take medication’ (NOT THERAPY) score 2 points from Descriptor 3C.

Disability Rights Handbook (page 38) states that you only need to have problems with one of these definitions to have toilet needs and quotes CPIP/1787/2015.

Again DRH (page 37) states that ‘therapy’ does not include taking, applying or receiving medication.

PIP info is a good place to read and research the collected case law on these kind of issues J.McKendrick.

Daily living - Activity 5: Managing toilet needs or incontinence

Many thanks Mick for your helpful reply especially regards the ‘toilet’ descriptor.

However regards the medication query, even when taking into account The Social Security (Personal Independence Payment) (Amendment) Regulations 2017 and associated case law, in your opinion can the client still be awarded 2 points for needing prompting to take medication only under 3.5 hours per week. The case law goes on about ‘therapy’ a great deal but I’m still confused.

I think that prior to the amendment 2017 No 194 which came into force on 16/3/17 there was no hard line dividing medication and therapy.  From 16/3/17 the explanatory note states that the amendment amends the definition of “therapy” to make it clear that this does not include receiving or administering medication by any means, or any action which (in the case of the particular claimant being assessed) falls within the definition of “monitor a health condition”.

Again many thanks.