A1

In decision CPIP/2740/2016, the Upper Tribunal has said that a lightweight pan is NOT necessarily an aid for the purposes of PIP Daily Living Descriptor 1 (cooking).

This contradicts and now overrides the DWP’s own guidance which says that lightweight pans are aids for this Descriptor. The Upper Tribunal has said in earlier decisions that things commonly used by non-disabled people for convenience are not automatically aids for the purposes of PIP if used by disabled people.

So, for example, sitting down on the bed to put on trousers does not mean that the bed is automatically an aid to dressing for the purposes of PIP, because most non-disabled people sit down to put on their trousers. Similarly, having to use slip-on shoes, or wearing a cardigan rather than a pullover, is no longer regarded as not being able to dress to an acceptable standard for the purposes of PIP, because many non-disabled people normally wear slip-on shoes or cardigans.

So this decision is just taking this principle one stage further and applying it to pans. However, it’s important to realise that lightweight pans CAN still be counted as an aid for PIP Daily Living Descriptor 1

IF the reason you use lightweight pans is directly connected to your disability or medical condition and you are using lightweight pans to compensate or make up for your disability or condition.
If you have reduced grip in your hands, or weak muscles in your arms, or a bad back which hurts when you move heavy objects, then the lightweight pans are obviously connected to your disability and they should still count as an aid for PIP. But if using lightweight pans isn’t relevant to your condition and doesn’t compensate for it, eg because you have autism or diabetes, then the pans wouldn’t count as an aid.

WHAT THIS MEANS FOR YOU
If you are claiming that you need to use an aid to cook under PIP Daily Living Descriptor 1, then you need to make sure that the aid you are claiming to use is relevant to your specific disability or medical condition, and that the aid specifically compensates for some loss of function which you have because of your disability or condition.
Just saying that you need to use an aid to cook is not enough – you need to be very specific and detailed on your claim form, or mandatory reconsideration request. If you aren’t specific and detailed, you may find that the DWP and assessors ignore your use of aids to cook.

This analysis is brought to you by BuDS Benefit Information Project. It is general information only and you should take advice about your specific case.

You can read the full judgement here: https://assets.publishing.service.gov.uk/media/58a560e3ed915d603800000a/CPIP_2740_2016- 00.pdf