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PIP - Sourcing Case Law - a child’s need/request for food considered as prompting

RosieT
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Bristol Law Centre

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Joined: 14 September 2022

Does anyone know where this case law is? The general idea is that if a parent wouldn’t usually cook for themselves, but the child being there needing food prompts them to make it, that this can be considered as prompting in the eyes of PIP.

Have scoured the reference books, this website, PIP info etc. and cannot find it.

I know it exists because have spoken with colleagues (who’ve since left so can’t ask) about it in the past.

I would like to apply this argument to a case I’m appealing in which I want to argue for ‘Going out’ activity that the necessity of taking her daughter to school could be regarded as prompting by the child/parental duties, much in the same way a child’s need for food can be.

Any advice much appreciated!

Tim Saint
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Benefits Service Coordinator, Swindon Carers Centre

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Assuming the issue is that, perhaps through low mood, the adult is not motivated to cook, then [2017} UKUT 217 (AAC) would be useful. They should be testing Descriptor f - Cannot prepare and cook food (due to the persons motivation to cook)  against regulation 7 - If they cannot cook a simple meal on the majority of days, then descriptor f applies.

If they only need prompting to cook because they say have a brain injury and forget, then descriptor d might apply

https://www.gov.uk/administrative-appeals-tribunal-decisions/ab-v-secretary-of-state-for-work-and-pensions-pip-2017-ukut-217-aac

Tim Saint
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Benefits Service Coordinator, Swindon Carers Centre

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I think I need to add more. I dont think there is anything about needing prompting to go out in PIP. If the person cannot navigate the route of a journey without someone else because anxiety will stop them relaibly being able to get from A to B then descriptors d or f might apply. They need to test these descriptors against Regulation 4 2 (2a)

If the person can not go out at all on most days though fear, then they should test descriptors d and 4 against regulation 7

[2018] UKUT 339 (AAC) says that the passive presence of another person can be enough if that person is needed to enable someone to follow a journey. I do not know of caselaw to suggest that this cant be a child, I guess it would depend on the individual circumstances

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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RosieT
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Bristol Law Centre

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Joined: 14 September 2022

Thanks Tim for trying to help!

Thanks so much Va1der this is the one I was looking for!!!