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PIP handbook definition query
- AlwaysPacing
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11 months 2 weeks ago #284276 by AlwaysPacing
PIP handbook definition query was created by AlwaysPacing
The PIP handbook says:
The descriptor choice should be based on consideration of a 12-month period. This should correlate with the qualifying period and prospective test for the benefit – so in the 3 months before the assessment and in the 9 months after.
A scoring descriptor can apply to claimants in an activity where their impairments affect their ability to complete an activity, at some stage of the day, on more than 50% of days in the 12-month period.
Does this mean if a particular descriptor applies to me less often than on 50% of days, I should not claim it?
Some things I am writing about in my tribunal paperwork occur less often, e.g. once a week or 3 days out of 7, so does it mean I am not justified in mentioning these things?
The descriptor choice should be based on consideration of a 12-month period. This should correlate with the qualifying period and prospective test for the benefit – so in the 3 months before the assessment and in the 9 months after.
A scoring descriptor can apply to claimants in an activity where their impairments affect their ability to complete an activity, at some stage of the day, on more than 50% of days in the 12-month period.
Does this mean if a particular descriptor applies to me less often than on 50% of days, I should not claim it?
Some things I am writing about in my tribunal paperwork occur less often, e.g. once a week or 3 days out of 7, so does it mean I am not justified in mentioning these things?
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- Gary
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11 months 2 weeks ago #284285 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP handbook definition query
Hi AlwaysPacing
PIP isn't based on specific conditions, it is based on how the symptoms you have affect your daily living and your mobility as per the specific PIP criteria.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.
Read about the reliability element in the guide - if you cannot do something:
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.
then you should not be considered able to do the activity.
The fact that you can’t do the activity safely, to an acceptable standard, repeatedly or in a reasonable time, means you can’t do it at all for the purposes of the descriptors.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
Gary
PIP isn't based on specific conditions, it is based on how the symptoms you have affect your daily living and your mobility as per the specific PIP criteria.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.
Read about the reliability element in the guide - if you cannot do something:
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.
then you should not be considered able to do the activity.
The fact that you can’t do the activity safely, to an acceptable standard, repeatedly or in a reasonable time, means you can’t do it at all for the purposes of the descriptors.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
Gary
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- AlwaysPacing
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11 months 2 weeks ago #284291 by AlwaysPacing
Replied by AlwaysPacing on topic PIP handbook definition query
Thanks - but do those limitations have to apply on 50% of days?
I understand these definitions however if I can't do X safely, repeatedly etc- but this is the case only once a week on average- does it still count? It's this 50% thing that's confused me.
I understand these definitions however if I can't do X safely, repeatedly etc- but this is the case only once a week on average- does it still count? It's this 50% thing that's confused me.
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- Chris
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11 months 2 weeks ago #284296 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic PIP handbook definition query
Hi AlwaysPacing,
You have to base your answers on 4 days out of the 7 in a week to be applicable, so like you mentioned only once per week on average, then it wouldn't count because thats only around just below 15%.
Regards, Chris.
You have to base your answers on 4 days out of the 7 in a week to be applicable, so like you mentioned only once per week on average, then it wouldn't count because thats only around just below 15%.
Regards, Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- AlwaysPacing
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11 months 2 weeks ago #284297 by AlwaysPacing
Replied by AlwaysPacing on topic PIP handbook definition query
Many thanks - presumably it doesn't have to occur all day it can just be an incident of (for example) brain fog happening on x number of days for any length of time.
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11 months 2 weeks ago #284309 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP handbook definition query
Hi AlwaysPacing
It is not always clear what will be accepted as the majority of the time. You give the example of brain fog which affects people in a variety of ways and for different amounts of times. The assessor will look at the impact against the specific PIP criteria and assess whether they agree.
BIS
It is not always clear what will be accepted as the majority of the time. You give the example of brain fog which affects people in a variety of ways and for different amounts of times. The assessor will look at the impact against the specific PIP criteria and assess whether they agree.
BIS
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