Hi I couldn't find a Coms decision but I wonder if you should just be looking at care needs required (ie "he struggles to get out of a chair, due to his painful hip, and therefore requires help.) It's not important if the help is not being given or is not wanted. It's only important that it is needed. Is this in connection with an appeal? If so you only need to prove the client struggles to do things. The tribunal will then have to determine if the degree of difficulty would justify the client reasonably requiring help. I hope this helps in some way.
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