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Is day just day or does it include the night ?

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10 years 5 months ago - 10 years 5 months ago #126782 by Carper
Is day just day or does it include the night because one HP seems to think so?

Quote.
Governments PIP Assessment Guide last updated 31st October 2014
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2.6.20. The HP should explore any variability or fluctuation in the claimant's condition and functional ability by asking the claimant what they can do on "good" days and "bad" days. How many "good" and "bad" days do they have over a period of time? For some conditions different time periods will need to be considered, such as the potential impact of different times of the day. If a claimant is unable to complete an activity or needs support to do so at a point in the day when you would reasonably expect them to complete it, the need should be treated as existing for the whole of the day, even if it does not exist at other points in the day. In general HPs should record function over an average year for conditions that fluctuate over months, per week for conditions that fluctuate by the day, and by the day for conditions that vary over a day. Information about variability is important in assessing the functional effects of the claimant’s condition that apply on the majority of days (bearing in mind that their advice will need to consider the impact of conditions over a year-long period).

Your advice please, thanks.
Last edit: 10 years 5 months ago by Gordon.

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10 years 5 months ago - 10 years 5 months ago #126789 by Gordon
Carper

There's no clear cut answer to this as an any answer will often depend on the activity that is being considered.

To try and give you some examples.

Shopping is a good example of something where a longer period or even an all day capability might be considered, subject of course to opening time (see below). So a claimant may be restricted first thing in the day due to physical limitations but could shop later in the day after those limitations have reduced. Someone with Social Anxiety may be unable to shop during the day, but may be able to do so after midnight and using a self-service till.

From the other extreme, there may be activities that have to be done at certain times of the day or that are part of a sequence of actions, for example someone may be unable to wash (for a variety of reasons) when they get up, may also be unable to wash later in the day because they are they have got dressed and they are unable to get back up stairs to do so, they could wash before going to bed, but cannot properly dry themselves so would risk their health by going to bed still wet. Or, someone may need to take tablets at a particular point in the day following a normal meal (i.e. not a snack) and they are unable to prepare a meal at that time, being able to make the meal at another time is no good because they cannot take their tablets at that time.

External restrictions that may be unique to the individual also need to be taken into account. Using my shopping example above, there is an assumption that the shops are open at this time and that the person can actually get to them at that time, maybe they are reliant on Public Transport and there is none at that time, or they need a companion to go out and there is none available except on a Sunday when the shops are not open late.

As always with PIP it comes down to being able to do an activity reliably.

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

I hope this explain it but if you still have questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #126800 by Carper
Thanks Gordon, yes difficult one as the Oxford dictionary says a day is a 24 hour period but then gives other definitions such as daylight hours or 8 hours a day!

Anyway my own situation is as follows with quotes from the government's assessment guide.

Mobility Activities
Activity 11 – Planning and following journeys
Descriptor Points
A. Can plan and follow the route of a journey unaided. 0
B. Needs prompting to be able to undertake any journey to avoid overwhelming psychological
distress to the claimant. 4
C. Cannot plan the route of a journey. 8
D. Cannot follow the route of an unfamiliar journey without another person, assistance dog,
or orientation aid. 10
E. Cannot undertake any journey because it would cause overwhelming psychological distress
to the claimant. 10
F. Cannot follow the route of a familiar journey without another person, an assistance dog or
an orientation aid. 12


The PIP Assessment guide. 31st October 2014.

This activity considers a claimant’s ability to plan and follow the route of a journey.

Notes:
This activity was designed to assess the barriers claimants may face that are associated with mental, cognitive or sensory ability. (Memory loss and forgetting where I am going)
Journey means a local journey, whether familiar or unfamiliar.
Environmental factors may be considered, if they prevent the claimant from reliably completing an activity, for example being unable to cope with crowds or loud noises.

F. Applies to claimants with sensory (Visual Imparement) or cognitive (Memory) impairments, who cannot work out where to go, follow directions or deal with unexpected changes in their journey, even when the journey is familiar. See descriptor ‘d’ for a definition of ‘follow’.
Small disruptions and unexpected changes, such as road works and changed bus-stops, are commonplace when following journeys and consideration should be given to whether the claimant would be able to carry out the activity as described if such common place disruptions occur.
Consider this example: a person with learning difficulties is left alone to walk home. If left in a familiar area can they safely and reliably get home, if not then 11f applies. If they can get home from a familiar location, move on to the next relevant descriptor in this category 11d. If they were left in an unfamiliar area for example a new shopping area in town, could they do this? If no 11d may be satisfied.
Safety can be considered when the risk identified is related to the ability to navigate, for example visual impairment and substantial risk from traffic when crossing a road.
This descriptor is unlikely to apply to mental or behavioural disorders for example anxiety.

Sensory impairment
The term sensory impairment encompasses visual loss (including blindness and partial sight), hearing loss (including the whole range) and multisensory impairment (which means having a diagnosed visual and hearing impairment with at least a mild loss in each modality or deaf blindness).

I suffer a worsening memory loss problem which causes me many problems including (When driving) having to ask, my wife usually, where we are going. This often happens when I am at a junction and suddenly cannot think where I should go.

I am not confident enough to drive at night due to my allergic conjunctivitis. Headlights cause my eyes to water and itch and I have to keep rubbing and drying my eyes. When this happens it makes it a danger for me to drive and also stresses me out greatly.


I hope you can advise on how I stand and my chances of getting these points.

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10 years 5 months ago #126802 by Gordon
Carper

I am sorry if this is not clear from the guides but the test is in regard to a claimant going out on foot and using Public Transport, whilst problems with driving may be considered as supporting evidence to your problems with going out and/or planning a route, I think it very unlikely that they will in their own right result in any points being scored.

Gordon

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10 years 5 months ago #126811 by Carper

Gordon wrote: Carper

I am sorry if this is not clear from the guides but the test is in regard to a claimant going out on foot and using Public Transport, whilst problems with driving may be considered as supporting evidence to your problems with going out and/or planning a route, I think it very unlikely that they will in their own right result in any points being scored.

Gordon


Thank you Gordon, I must admit not to have seen any reference to being on foot or going on public transport.
Not much good to someone who cannot stand then walk 20 metres but can drive for a while before having to return home and not be able to repeat the process later in the day. At least I should get the 12 points for 'Moving Around'.

Just have to see how the HP on the day reads the guides..................

If you know where in the guides it says "to being on foot or going on public transport" I would appreciate it?.........Thank you............

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10 years 5 months ago #126813 by Gordon
Carper

I can't point you to a specific reference, maybe there needs to be one, but there are numerous references to items that would only be relevant to someone walking, for example in reference to aids the examples include a long cane, the DWP guidance specifically refers to Public Transport (train or bus) in context to an unfamiliar journey and fear of an open or public place is considered in regard to the anxiety a claimant may suffer from. Finally, those with sensory issues and in particular those that are blind are specifically covered by this Descriptor, clearly in their case an ability to drive is not being considered.

Gordon

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