(CPIP/3872/2016) confirming that grab rails are an aid or appliance for the purposes of PIP.
The Upper Tribunal has recently made a decision (CPIP/3872/2016) confirming that grab rails are an aid or appliance for the purposes of PIP.
If you need to use an aid or appliance to safely, repeatedly or reliably complete a PIP activity, such as dressing, washing, cooking or going to the toilet, you can get 2 points towards an award. Although grab rails are not listed on the PIP claim form as an aid or appliance for toileting, they are usually regarded as being one. However, in this case, the DWP had argued that they were not, and the Tribunal panel had agreed with them.
WHAT THE UPPER TRIBUNAL DECIDED
The Upper Tribunal said the DWP and the original Tribunal were wrong. They said that a grab rail is an aid or appliance for the purposes of PIP, whatever the claim form says. They said this about all PIP descriptors, not just using the toilet.
WHAT THIS MEANS FOR YOU
This decision makes it clear that having to use a grab rail to complete a PIP activity should earn you two points. Note that simply using or having a grab rail isn’t enough. You have to be using it *because* of your disability or medical condition. Also, there has to be a strong direct connection between your disability or medical condition and why you need the grab rail.
TIMING The Upper Tribunal made this decision on 14 September 2017 but it’s a clarification of the law rather than a new definition. This means that this decision applies straightaway to your claim, mandatory reconsiderations and appeals, whenever the case was decided. It may take some months before DWP and assessors catch up with this decision, however.
This analysis is brought to you free of charge by BuDS Benefit Information Team. It is only general information and you should take advice on your own case.
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You can read the full judgement here: https://www.gov.uk/…/fk-v-secretary-of-state-for-work-and-p…
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