Hi! Does anyone know of or have any decisions relating to the cooking test and eating a variety of food. I have a client with severe CFS, living on her own. She has previously had a claim turned down and am trying to avoid an appeal this time! In her previous appeal (which I had nothing to do with) she was told that eating a jacket potato with a tin of tuna emptied over it for 4-6 weeks was acceptable. I am sure I have read something regarding this and being allowed appropriate variety. Any help? Thanks!
Claire

The last time I looked the test was, given all the raw ingredients, could one cook a main meal for one person, using a conventional cooker, not a microwave. A main meal would equate to meat and two/three veg, (sunday lunch). Therefore what is looked at is how the disability affects the persons ability to prepare veg, (peel/chop etc) place pots and pans on the cooker, handle pots with boiling liquids, manouvere roasting trays in and out of ovens etc safely and without risk of burning/scalding.

The use of slotted spoons is often advocated, but this doesn't solve the problem of removing the pots to the sink afterwards. Another common suggestion is the use of a perching stool - look at your own kitchen - could you in practice reach all the cupboards you need to, move things from a work surface to the cooker, into the oven etc whilst sitting on a stool throughout the process.? I would hazard a guess that there are few kitchens small enough for this to work in practice.

By the way, an inability to cook is immaterial, as the test is hyperthetical, designed apparently to test the extent of the stated disability.

M

The suggestion that a baked potato with a topping would be acceptable was frankly outrageous: did that actually emanate from a Tribunal, or an over imaginative DM?

The Disability Alliance law pack on DLA (link from swopshop) lists R(DLA)2/95 which says a meal is a labour intensive reasonable main meal, reasonable is what is reasonable for a member of the community to which the claimant belongs and a main meal is not a snack - any use?

CPAG's web site refers to reasonable variety - "so long as a reasonable variety of meals can be prepared, the range need not be unlimited (CDLA/17329/96)" - from http://www.cpag.org.uk/cro/wrb/wrb163/dla.htm

(Aside ... but doesn't this approach the test from the wrong angle? It's a theoretical test of the degree of disability. Cooking a very simple meal doesn't perform the test - and whether in their opinion the reasonably complex meal is one that could be eaten every day seems a bit irrelevant.)

Sue

Thanks...Mike...yes, that suggestion actually emanated from a Tribunal!! Had I been involved at the time I would obviously have had great pleasure in taking in further. So, thanks both of you for reassurance and clarification..often get thrown by Tribunal bizzarre decisions and reasoning and wasn't sure if there was suddenly an acceptance of living on JP and same topping for life!

An 'all words' search in the briefcase area of rightsnet for 'cooking test' and 'variety' came up with the decision by Deputy Commissioner Marks in CDLA/2889/2004.

The following is an extract from the briefcase summary of CDLA/2889/2004 (which includes a link to the original decision itself) -

'Deputy Commissioner Mark also holds that being able to use a microwave does not necessarily mean that the claimant 'fails' the cooking test, and that, in line with CDLA/17329/1996, he should be able to cook a sufficient number of dishes to add variety to his diet. He further holds that if the claimant can only heat up burgers, fry bacon and boil potatoes because of his mental state then he cannot be regarded as being able to cook.'