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Engaging with people face to face - the qualitative issue and the timing issue
Supreme Court has given judgment in Secretary of State for Work and Pensions (Appellant) v MM (Respondent) (Scotland) [2019] UKSC 34 looking at the qualitative issue and the timing issue of support given to enable someone to engage with people face to face - activity 9.
In respect of the qualitative issue - in order to establish whether the support comes from someone trained or experienced in assisting people to engage in social situations -
Careful scrutiny of the facts will sometimes be necessary in order to determine whether descriptor 9c applies, including probing the information provided by sensitive questions and, where support is already being provided by family/friends, exploring how they have come to know what to do, whether that help could come from any well-meaning friend or family member, and what additional help (if any) is required
In respect of the timing issue the Supreme Court accepts that support can be given before as well as during the social engagement -
For instance, preparation prior to the engagement might avoid overwhelming psychological distress, and, during the engagement, a supporter might be able to give the claimant reminders, direct the conversation away from topics that trigger anxiety, give private signs of reassurance, or recognise the need to remove the claimant from the meeting