PIP - prompting that is not done in person. Any case law?

Has there been any case law or anything regarding prompting that takes place over the phone, or maybe video call, or basically any other medium aside from face to face?

Would PIP accept it as counting if it forms part of the face to face care someone needs?

Cheers

Where does the idea come from that the prompting would need to be done in person?

I saw some older cases pertaining to DLA (I think, can’t recall now) regarding prompting over the phone and this being accepted. My usual stance would be to just stick it in the form/MR or whatever, made me wonder what current stance is for PIP.

Also they relaxed the rules for Carers Allowance for non face to face so assumed PIP would be ok with phone/text/whatsapp/zoom prompting etc

I suppose the point I am making, obliquely, is that the definition of prompting is “reminding, encouraging or explaining by another person”. No part of that definition even arguably requires the physical presence of that person so I wouldn’t worry about it.

There are many cases where, for instance, the claimant gets prompted to wash by a phonecall from a friend or relative and gets the points accordingly.

JAS1, i think that you may be confusing the law with supervision, which does require the physical presence of another person? If so, the DLA caselaw is about telephone contact indicating a need for supervision even if the supervision is not actually occuring (because it is not face to face).

BC Welfare Rights - 23 April 2021 11:33 AM

JAS1, i think that you may be confusing the law with supervision, which does require the physical presence of another person? If so, the DLA caselaw is about telephone contact indicating a need for supervision even if the supervision is not actually occuring (because it is not face to face).

“The Social Security (Disability Living Allowance) Regulations 1991

Prescribed circumstance for entitlement to the care component
10C.  For the purposes of section 72(7) of the Act (prescribed circumstances in which a person is to be taken to satisfy or not to satisfy the conditions mentioned in section 72(1)(a) to (c) of that Act), a person shall not be taken to satisfy subsection (1)(a)(i) or (b)(i) (day attention) or (c)(i) (night attention) unless the attention the severely disabled person requires from another person is required to be given in the physical presence of the severely disabled person”.

But obviously, that was DLA specific

The PIP regs (schedule 1) say - “supervision” means the continuous presence of another person for the purpose of ensuring C’s safety;“

Thanks all. Yes I think that’s possibly where my mind was going, conflating the two types of help when one doesn’t require someone to be present and one does.