PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Personal Independence Payment - Prompting

Trev121Trev121 Member Posts: 32 Listener
edited November 2017 in PIP, DLA and AA
“Prompting” means reminding, encouraging or explaining by another person. 

I have an important concern over the issue of prompting. That is, can anyone give me some advice, or clarification about the DWP guidelines/rules for PIP "prompting", please. 

For example, in the PIP descriptor, Preparing Food, d. Needs prompting to be able to either prepare or cook a simple meal.  2 points.

I have read that the person doing that actual prompting to someone who needs it does NOT need to be present with that person when they prompt them, but can instead give the prompting by either telephone, text or email. Does anyone know if that is true, please? Alos, can the person who does the prompting be a friend/family member?

Replies

  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    The person doing the prompting can be anyone. Proximity is arguable on a case by case basis. DLA case law had reached the point where prompting over the phone was accepted. PIP is getting there but there's no definitive case law as yet and thus nothing to lose by putting the argument. However, alarm reminders have already been held to not be prompts and the question would be why would someone need another person to prompt if an alarm could do it and why would a text be as effective?
  • Trev121Trev121 Member Posts: 32 Listener
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Trev121, and welcome to the community! I hope Mike's response has helped to clarify things for you: it does seem to be a grey area. If there's anything further we can help you with, just let us know.
  • kevin888kevin888 Member Posts: 53 Courageous
    I think it means somebody has to be actually with you telling you what to do. If taken any other way DWP will try to say you are able to do the activity unaided. I have found playing down your disability works in their favour so go the other way. Also don't say " the majority of days" 7 days - every question!
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger

    @kevin888 nothing personal but I am concerned by your comments. The case law on PIP has not clearly established the limits of what prompting means as yet and until then prompting which isn't in person must be on the table until an Upper Tribunal or above says otherwise.

    No-one should follow your second piece of advice. I have heard this said often in my welfare rights career and it is the exact opposite of what people should do.

    Firstly, everyone has consequences to their conditions which to some extent will vary. It is better to describe that variation accurately than to pretend otherwise. In the case of PIP variations are taken into account under regs 4 and 7 and are more likely to lead to PIP awards than saying something which for most people simply isn't true.

    Secondly, at best such statements are misleading. At worst they are fraud. I am aware of two cases in the past few years where there have been successful prosecutions of DLA overpayments where it came to light, after a failure to notify a change of circs. I think, that the claimants had presented as having issues which were for 24/7 when they were nothing like. A simple cessation of DLA because of an alleged improvement thus turned into a full blown fraud case. It's not a road anyone should go down. Far better to get professional advice, which should never include this approach.

    I do apologise if that seems harsh but it's advice which could have potentially harmful consequences if followed.

  • kevin888kevin888 Member Posts: 53 Courageous
    Sorry, Just down to my personal experiences of my case. Of course everybodies case is different.
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger

    No problem. Thank you for such a civilised response. Personal experience is hugely valuable and I wouldn't wish to dismiss it lightly. I have the advantage of working in welfare rights and also having had experience of the benefits system as a disability benefits claimant and I'm well aware there's plenty of scenarios where the law, case law and guidance may say one think but the actual practice is another thing altogether.

    I suspect PIP will end up similarly to DLA when it comes to prompting, which is largely a good thing, but at this stage, who knows.

Sign in or join us to comment.