“At any stage of the day”

The DWP PIP assessment guide for health professionals conducting face to face assessments says at para 3.2.10 that “A scoring descriptor can apply to claimants in an activity where their impairment(s) affects their ability to complete an activity, at some stage of the day, on more than 50 per cent of days in the 12 month period.” I have a PIP appeal hearing shortly for a client whose medical conditions mean that he tires during the day and would satisfy some descriptors at the end of the day but not the start. I have quoted para 3.2.10 in the submission but I am anticipating that the chairman might ask whether it is just guidance or whether it is based on law.  I have found the basis of the “more than 50 days of the 12 month period” bit in the regs, but cant find the “at some stage of the day” bit. Anybody know if this is also based on law?

Help!  Just refreshing my original posting as no replies so far.  Any help much appreciated. Cheers, Brian

Would this not link to the need to be able to undertake the descriptor ‘reliably’?

I think ‘some stage of the day’ just refers to the relevant stage of the day for that activity.

So using the example of activity 6 dressing/undressing. If clt scores 2 pts in morning but 8 pts in evening. Activity is reasonably expected to be undertaken at start of day and repeated at end of day. If this is the case for the majority of the time then clt should score 8 pts for that activity.

Using activity 4, washing and bathing, if clt can do in morning but not evening, I guess it could be argued by DWP that activity does not need to be repeated more than once a day for most people so unless there was a need to repeatedly wash/bathe or some reason why washing in morning is out of question then no points scored.

Any other thoughts?