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Top Disability related benefits topic #766

Subject: "Cooking Test" First topic | Last topic
brg
                              

disability rights advisor, castle morpeth citizens advice bureau
Member since
21st Jan 2004

Cooking Test
Tue 28-Sep-04 08:09 AM

Client suffers from vomiting attacks at the smell of food cooking. Depends on another person to cook all food. Any case law that may help with an appeal?

  

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ken
                              

Charter member

RE: Cooking Test
Tue 28-Sep-04 10:11 AM

There was a recent decision by Commissioner May which unfortunately is'nt very helpful, in that he held that the cooking test did not include nausea.

He said that the context of the cooking test was 'in my view, having regard to the approach set out by the House of Lords, is related to the capacity, in the light of the disability found to carry out the tasks of cooking. It is not the potential or actual effect on the claimant of carrying out these tasks. Thus the effect, if it had been accepted, of the claimant being nauseous when cooking would have been an unpleasant one but that does not affect the capacity to do the tasks. It would not to use the phrase of Lord Hoffmann, 'calibrate the severity of the disability found'.'

There's a summary of CSDLA/854/2003 in rightsnet briefcase with a link to the full decision.

  

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