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Descriptor 2 Taking Nutrition

 

S2uABZ
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Money Adviser, Aberdeen City Council Financial Inclusion Team

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I frequently struggle getting points for Descriptor 2d (Needs prompting to be able to take nutrition) as most Judges point to MM and BJ v SSWP (PIP) [2016] and state it is purely the act of getting food to mouth.

However, in this recent decision CPIP/3257/2017 it notes:

In addition, Judge Hemingway finds that the tribunal was in error as regards how it approached activity 2, observing that the narrow meaning of ‘take nutrition’ - considered by the Upper Tribunal in MM and BJ v SSWP (PIP) [2016] UKUT 490 (AAC) as relating to the specific definition within Schedule 1, Part 1 to the Social Security (Personal Independence Payment) Regulations 2013 to ‘cut food into pieces, convey food and drink to one’s mouth and chew and swallow food or drink’ - does not exclude a points score because of a need for prompting -

‘… I agree with the claimant’s representative that there is nothing in that decision which rules out the scoring of points where there is a need for prompting to enable a person to actually undertake the straightforward tasks just referred to. But even here it is worth remembering that what is being tested is not the motivation to prepare a meal or make a drink but merely to eat or drink once such has been prepared. In the context of distraction rather than say, for example, a type of eating disorder it might be thought at least generally speaking that such tasks could usually be accomplished without the need for prompting. But such a need is not actually inconceivable.’ (paragraph 13)

Has MM and BJ v SSWP (PIP) [2016] been superseded?