Unfortunately CDLA/1714/2005 is not authority for the proposition that a tribunal should not look at whether aids can be used in the situation that Mike describes. At para' 8 it says that "the focus of the tribunal's inquiry must be on the effects of any disability on the claimant'sability to cook a main meal rather than on ways in which those effects can be overcome". So far so good, if only it stopped there, but, however, at para’ 9: -
“That is not to say that aids to cooking are wholly irrelevant. Lord Hoffman accepted that the notional meal contemplated by the cooking test is a reasonable main meal for one person, of the kind described by Mrs Commissioner Heggs in the leading case R(DLA) 2/95. The activities which need to be considered when applying the cooking test are those which are normally required to cook such a meal, and in my judgment, in order to calibrate the severity of a claimant’s disability, it is necessary to consider how those activities are normally carried out. Cooking is normally performed using kitchen implements, and a person without disabilities will sensibly use implements such as a slotted spoon in order to avoid dangers such as burning or scalding. A person with a disability can reasonably be expected to do the same, and I therefore respectfully agree with Mr Commissioner Rowland in CDLA/5686/1999 that if a claimant cannot lift a pan of hot water safely, account can be taken of any ability which the claimant may have to use a slotted spoon to remove vegetables from the pan without the risk of scalding”.
If there is another CD which is authority for the proposition then may be someone could supply the reference. I'm sure that it would make all of us weary welfs's day.
Regards Paul
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