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Is day just day or does it include the night ?

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10 years 5 months ago #126832 by Carper
Thanks Gordon, who would know I thought after reading your post. Well of course the DWP would and so I phoned them twice today and asked the same questions or should I say I asked for definitions.

Firstly: Please define the day you use so often in your guide.

Person 1)

24 hours and so I asked about things I can do in the day or should I say daylight hours and those I cannot do in the dark. He said: If you cant do something at any time of the day or night then you cannot do it at any time of the day.

Person 2:

Please define the day you use so often in your guide.

Day is the hours you are awake and out of bed. In bed is called nighttime.
So I asked then if I can do something in daylight hours but not in the dark in the late afternoon or early evening does that mean I cannot do it at all? Yes was the answer.


Person number 1)

Define Panning and following a route for me and he/she went on to define the usual information as it says in the guide. All of it referring to walking and public transport.

So I said: As I cannot walk or go on public transport alone but can drive a car for a short period of time in the morning but cannot do so later IE: Does that mean I cannot follow a route? Yes was the answer.
(I can plan one, just cannot always follow it as I have a bad memory and sometimes forget where I am going when for instance having a junction in front of me.)

I also explained the 2nd reason I couldn't follow a route in the dark is because I have an eye allergy and when I see the bright lights of cars and god forbid its raining too my eyes weep and become sticky and it becomes dangerous for me to drive.

He/she said: Yes all this would come under you not being able to follow and plan a route.

Person number 2) when asked the same question at first said that the act of driving wasn't included in planning and following a route. After I explained my situation as previously written above he/she changed his/her mind and said it was included.

I asked one more question and it was about washing etc. I asked if not being able to wash ones back would count as 6 points. Both answered yes. Weird as a relative recently went to a face to face and was told no as 'From the waste to the shoulders only meant the front of the body'!!! She received just two points for not being able to wash her feet. That sort of point marking went all the way through the Daily Living points and although we counted she should get 32 points they gave her 11. Of course she has been on to the DWP and a reconsideration will take place.

I look forward to a couple more phone calls to the DWP over the next few days to see what other members of the team think.

Carper.

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10 years 5 months ago #126833 by Gordon
Carper

I would be extremely cautious of taking to much advice from the staff in the DWP call centre in regard to how any benefit and in particular how PIP operates, whilst the PIP staff have received more training than those for other benefits, they are not Decision Makers who are tasked with interpreting and applying the Regulations and Descriptors.

I am afraid that you cannot at a later date go back to the DWP and say "I was told..." when I called, when they are disagreeing with the way you have interpreted how a Descriptor operates.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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