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DWP 'Guidelines' on eating

cottonbrain
cottonbrain Member Posts: 17 Connected
Can someone pleeeease give me some advice.
I had my pip review in January at home, went from enhanced daily pip to no award! Asked for MR, decision was upheld, no award. Sent sscs1 form for appeal, received a phone call from DWP 1 week before their deadline to say they could award me two more points which would take me to standard daily rate, my husband questioned the lady about the fact I didn't receive points this time for needing prompting to take nutrition (I was awarded this previously).

Her response was "you need proof off a nutritionist that your wife is malnourished " to which my husband tried to explain that I am not malnutritioned because he prompts me to eat and drink daily! But she just kept repeating "well these are our new guidelines".  I feel like banging my head on a wall, how do you reason with these people!
Sorry for being long winded and thanks for reading, any help is appreciated 

Comments

  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,676 Disability Gamechanger
    There's some information here from the Citizens Advice Bureau about the eating and drinking question.

    Im sorry you are having such a tough time!
    Scope
    Senior online community officer
  • cottonbrain
    cottonbrain Member Posts: 17 Connected
    Thank you so much for taking the time to help me Sam Scope, my husband prompts me to eat and drink on a daily basis, this is why I am confused I didn't receive the 4 points I'm entitled to. Can the courts make a decision before the actual court date. I'm really worried about having to physically turn up due to my mental health issues and am in a bit of a state right now. Thanks again for your help I really do appreciate it
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi cottonbrain

    There is nothing in the legislation about being malnourished. It may be that decision makers use this type of evidence when applying the descriptors but it certainly does not mean that you must be malnourished for descriptor d to apply.

    Prompting as defined in the legislation "means reminding, encouraging or explaining by another person". You can see this here on page 42 of the Disability Rights UK factsheet. And so it depends on whether you need prompting to take nutrition (where taking nutrition basically means eating and drinking). If on more than 50% of the days in the 12 month assessment period you need prompting to eat then it should be descriptor d (4 points). If you continue with your appeal it will be for the tribunal to decide this on the facts.

    The DWP does sometimes "make an offer" before an appeal and can even happen just before you go into the hearing room. You can either accept the offer or continue to appeal with the possibility of getting a better result. But of course there is a risk you might not even get the standard rate.

    Perhaps the only way you can make a fully informed decision on this is to seek advice from a specialist who can look at the whole case including all of the evidence. I don't think it's possible for us to give an opinion on this forum without seeing all of the evidence. For help finding a local advice agency you could contact the Scope helpline.

    I hope this helps
    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cottonbrain
    cottonbrain Member Posts: 17 Connected
    Thanks David I appreciate your help, received appeal pack from DWP so looks like I'm going all the way! Nervous doesn't begin to describe it

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