Application of Regulation 19 (5) - Client who takes medication for physical issues thus has diminished cognitive functioning.

I have a client who takes several medications (codeine, gabapentin) that significantly affect his ability to concentrate and cause him to forget things and become a hazard to himself within the meaning of Schedule II, Pt II.

However, looking at Reg 19 (5), it would imply that any issues with Part II must be caused by a mental illness or disablement or treatment thereof.

I know I have read somewhere that this is not the intention but I have no idea where and a judge has mentioned it to me previously (but without telling me why).

Can anyone assist with this one?

Is it possibly 2011/UKUT216[AAC]
CE/578/2013 may also be helpful.

Regards Greg

Unfortunately, both of those decisions pre-date the amendments to reg. 19(5) that came into force 28/1/2013 (or at least, deal with decisions that pre-date the amendments). Prior to those amendments it was possible to score points under the physical activities or under the mental/cognitive activities whether the cause of the claimant’s difficult was by reason of physical or mental disability or the treatment of the same - i.e. points for physcal activities could be scored where the cause was a mental health problem or its treatment and vice versa.

So I don’t think they’re going to assist in this case.

What I would say is that if you can show that in reality some of the Sch2, Part 2 descriptors accurately describe the claimant’s life (even though points for the descriptors cannot actually be awarded because of the wording of reg. 19(5) ) then it may not be too much of a stretch to get a reg. 29 (or reg. 35) decision. For example, if in reality (and because of the effects of medication for physical problems) the claimant has a reduced awareness of everyday hazard that leads to a significant risk of injury to self or others or damage to property or possessions such that he requires supervision for the majority of the time (12(a) ) ........then a tribunal would probably be very hard pushed to identify any range or type of work that he’s going to be able to perform safely.

Thanks Past Caring - good to know.
Apologies meCAB