Reasonable use of Aids and Adaptations.

Hi All,

See a client today who has been refused HR award of AA at tribunal ‘because he can use a bottle’…and ‘line them up’ if need be.

Client is receiving LR AA, he went to appeal for HR AA.  Client has a prolapsed disc that cannot be operated on because of other health problems.  He uses two crutches for support when walking.

Client argues that he requires assistance approximately 2-3 times a night to go to the toilet. Help getting up and out of the bed. The DWP argued that he could use a bottle. 

The client agreed that he could use a bottle, however he would still require assistance to get into a suitable position to use the bottle, this would then lead to further risks of leakage and the need for assistance to wash or change bedding etc. 

Client also argued that he needs to go to the toilet more than once during the night.  Therefore, the bottle would need emptying.  The DWP argued that he could use more than one bottle and the Tribunal agreed!

Surely this cannot be right? Thought’s anyone? 

I have written for a copy of the SWR.  Anyone aware of any case law which would help challenge this decision?

Would be much appreciated ?