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PIP and Music Therapy
Hi
This might seem a strange question!
Is there any case law regarding the use of music as a recognised therapy for people with mental health issues?
I’m writing an appeal submission for an overpayment appeal that arose due to the client working as a performer. One of my arguments is that his performing acts as therapy for him and keeps him calmer than he would be without it.
Thanks
Adam
I can see the link between PIP, mental health and music as therapy without too much difficulty. What’s the connection to the recoverability argument?
I can see the link between PIP, mental health and music as therapy without too much difficulty. What’s the connection to the recoverability argument?
It’s part of my argument (along with multiple other ones) that no change of circumstances happened to give rise to an overpayment as their health conditions didn’t actually improve.
Essentially I am arguing that there is no question of recoverability as nothing has changed with regards to his health conditions. He always played music but it just so happens that he did have a couple of performances where he got paid. There whole argument is regarding him working so I’m attempted to stop that argument before it starts!
I don’t think the point about it being ‘therapy’ (presumably in contrast to work) is really critical. The question is whether what he is up to has the effect of undermining the basis of his entitlement.
If he is out every night playing Victor Wooten solos but his PIP award is on the basis that he has arthritis in his hands such that he cannot dress himself, then he may well have a problem
However there is usually scope to argue that the activity does not allow conclusions to be drawn about the PIP activities, either because the nature of the activity is sufficiently different to the PIP activities or because the context of the activity does not allow inferences to be drawn about the ability to reliably perform the activity i.e. because it is either being performed infrequently or under unusual circumstances.
E.g. performing poetry at an open mic night once a month might on the face of it suggest a degree of ability but really you are not socially engaged with anyone and your ability to motivate yourself to get there and do that does not necessarily preclude the idea that for the rest of the month you need prompting and it is just a case that you make a special effort that time because of how important it is.
DWP have a habit of making quite a lot of assumption about what is actually involved in the activity and it can be helpful to break it down.
I have actually had the poetry/open mic one some years back as a case. I used the para 3 argument above i.e. the activity was de minimis.
I don’t think the point about it being ‘therapy’ (presumably in contrast to work) is really critical. The question is whether what he is up to has the effect of undermining the basis of his entitlement.
If he is out every night playing Victor Wooten solos but his PIP award is on the basis that he has arthritis in his hands such that he cannot dress himself, then he may well have a problem
However there is usually scope to argue that the activity does not allow conclusions to be drawn about the PIP activities, either because the nature of the activity is sufficiently different to the PIP activities or because the context of the activity does not allow inferences to be drawn about the ability to reliably perform the activity i.e. because it is either being performed infrequently or under unusual circumstances.
E.g. performing poetry at an open mic night once a month might on the face of it suggest a degree of ability but really you are not socially engaged with anyone and your ability to motivate yourself to get there and do that does not necessarily preclude the idea that for the rest of the month you need prompting and it is just a case that you make a special effort that time because of how important it is.
DWP have a habit of making quite a lot of assumption about what is actually involved in the activity and it can be helpful to break it down.
That is my argument - thought I was pushing it but it’s good to know I’m not