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Lifting a pan on/off the hob

AndyG
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Stockport MBC Welfare Rights Team

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I’ve had a couple of PIP cases recently where the issue of grip has come into play in respect of PIP Activity 1 - Preparing food. HCP has recommended 2 points on the basis that aids can be used to help with peeling/chopping, opening tins etc but I have been pushing for 4 points for assistance on the basis that no conventional aid can lift a pan on/off a hob. I have been citing R(DLA) 2/95: “Because the main meal has to be cooked, the test includes all activities auxiliary to the cooking such as reaching for a saucepan, putting water in it and lifting it on and off the cooker” (para 8) and arguing the same criteria applies to PIP.

I have now had a SoR stating that a slotted spoon can be used and the pan can be filled up incrementally with water (to boil veg for instance) by the use of a jug - both of which are reasonable aids. I think this would mean the activity would then take more than twice as long to perform so falls foul of Reg 4 and also what then happens after the food is cooked - the pan just gets left on the hob with the water in it indefinitely?

Just wondered if anyone has any thoughts on this or experience of successfully arguing this point at tribunal.

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AlexJ
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Trafford Welfare Rights

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Just to play devil’s advocate here and give you some food for thought (pun intended) as to the kind of arguments you might face:

- Presumably the assumption would be that the pan can be emptied incrementally once it has cooled.
- In terms of the ‘reasonable time period’ argument, I suspect that the argument would be that although the isolated task filling the saucepan may take more than twice as long as it would for an able-bodied person, it wouldn’t mean that the overall task of cooking a meal would necessarily take twice as long. Reg. 4 looks at whether the activity as a whole takes more than twice as long, not whether one constituent part takes twice as long.

Certainly not trying to undermine your case in any way, just thinking of the arguments you’ll be likely to encounter.

Cheers

Alex

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Try para 17 of Moyna -  ( https://www.bailii.org/uk/cases/UKHL/2003/44.html )  where it was held that the ‘cooking test’ for DLA was a’thought experiment’ .

To my recollection this usually disposed of the dreaded ‘slotted spoon’ argument but whether this might apply to PIPS is arguable

keith
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Principal WRO - Northumberland County Council

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“- Presumably the assumption would be that the pan can be emptied incrementally once it has cooled.”

*Awaiting an “unslotted” spoon decision*

JonUCN
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Housing Systems

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Daphne
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rightsnet writer / editor

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keith - 02 July 2024 09:22 AM

“- Presumably the assumption would be that the pan can be emptied incrementally once it has cooled.”

*Awaiting an “unslotted” spoon decision*

😂