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Commode and DLA/AA/PIP
I seem to recall a Commissioner’s decision which stated that a commode might help a severely disabled person to get to and from and use the toilet but emptying,cleaning, disinfecting and putting in place is required and these are attention in connection with the bodily function of toileting. Can anyone point me to the citation.
Disability Rights have good case law and note:
use of a commode
CSDLA/629/2002 says that the only emptying and/or cleaning of a commode which can count as attention is what must reasonably be done immediately for the purposes of hygiene. See also Gregory Ramsden v Secretary of State for Work and Pensions (2003) and Cockburn v CAO (1996). CSA/76/1989 states that some consideration should be given to how a commode is emptied if its use is suggested. See also CSDLA/44/2002 which also considers claimant’s ability to use a commode and whether there is room for one.
In CA/3943/2006 the claimant was using a bucket instead of an upstairs toilet. The commissioner’s view was that this was an emergency measure rather than the use of a commode in an appropriate location.
The best case law resource is still, in my opinion, the one developed by Mark Perlic when he was in Derbyshire. Sorry though, I don’t have an electronic copy…
Thanks Phil