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PIP Activities 4 and 6 and children as a prompt
I’m sure I’ve seen case law recently about a situation where a claimant’s depression means that most of the time they are not motivated to wash or dress, but that they do so on the occasions when they have care of their children, and that, rather than this being an indication that their normal behaviour is a life-style choice, it is an indication that they need prompting and that the care of the children can be considered a prompt. However, I can’t track this down anywhere. Does it ring a bell with anyone?
You might be after PM v SSWP (PIP) [2017] UKUT 502 (AAC)
This may be a bit tangential - but in cases with similar facts, we’ve also had some success citing the decision in GG v SSWP:
“The mere fact that a claimant might be sufficiently motivated to perform a task when there is specific or unusual impetus to do so does not, of itself, inform as to the overall position and the generality of the situation. So it is not appropriate to limit the scope of the enquiry to such days. True an ability to perform a task without prompting when there is particular pressure to do so might be indicative of a claimant simply exercising a choice not to perform such a task on impetus absent days but that will not necessarily follow. What has to be undertaken is a more general and all encompassing consideration. So, there needs to be an assessment, in such cases, of why it is that, on days when a claimant does not perform certain tasks, he/she does not do so. If it is because, without any specific impetus, he/she is not motivated to do so as a result of health difficulties and that such days exist for more than 50% of the time in the relevant assessment period, then absent other pertinent considerations, the relevant descriptor or descriptors will apply.”
[ Edited: 18 Apr 2024 at 03:29 pm by Ayaz M ]Thanks both. That quotation from GG is exactly what I wanted.