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cpip/2168/2015
Hi, does anybody know if this case still holds any validity before I put it in an appeal for a PIP claimant thanks.
cpip/2168/2015
I can’t really do better than PIPinfo (https://pipinfo.net/issues/aids-and-appliances)
In [2015] UKUT 572 (AAC) 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.
The case you are referring to is the Judge Mark decision - but that has really been superseded somewhat by those of Judges Jacobs and Markus. The Jacobs decision has been reported ([2016] AACR 44) so it’s that one which ought to be followed to the extent that they conflict.
New decision - [2019] UKUT 293 (AAC) - judicial summary says -
Sitting on a bed to dress will not, without more, amount to using an aid or appliance. However, where a person asserts that he has to rise from sitting on the bed and balance with the aid of a crutch in order to pull his trousers into position and do them up, if use of the crutch is reasonably required, it may amount to an aid and the FtT needs to make the necessary findings.
Have used the above to successfully and repeatedly argue that a day lamp is an aid to seeing on the basis that it doesn’t matter whether it’s a special design or just a table lamp with a bright bulb. All that matters is that it’s an ordinary everyday item used in circumstances a healthy person would not. Not many people use a lamp during the day to see.
Similar argument for sight impairment and using a bed to have clothes laid out so you can select clean; appropriate clothing etc. Latter is harder but not impossible depending on the circumstances.