PIP Points Confusion

Gardeningflowers

Hi,

This is my first post so I hope I've found the correct area, and someone is able to help me.

I have applied for a PIP Tribunal, sent off my reasons for disagreeing with the original decision. Today I received a phone call from the DWP explaining I'd be sent the pack. I asked if I hadn't explained my inability to cook a meal from scratch properly but she said that I had.

To give some background I have CFS and only have the energy to heat a pre-prepared meal in a microwave 5 days a week, on the other 2 days I can cook a meal but because I need to rest throughout the process (so I do a bit, rest, go back and do a bit more, rest, etc) to try to restore some energy a meal which should take 30 minutes takes me so much longer. 

I thought I would be eligible for 8 points as I can only cook a meal from scratch from fresh ingredients twice a week (not the majority of the time) and even on those days it takes me a very long time (so isn't within acceptable time). I'm too exhausted and brainfogged to chop, work out timings etc on the majority of days.

However she said I was only eligible for 2 points as I can use a microwave for the other 5 days, but that is a prepared meal- not from scratch or from fresh ingredients-just popping one dish (cottage pie for example) in the microwave.

Am I getting this totally wrong?? Any advice or help would be much appreciated. I don't want to go to tribunal if I've misunderstood it all.

poppy123456

This activity considers a persons ability to prepare and cook food from fresh ingredients. This includes, chopping, peeling, opening packaging, serving on a plate and cooking either on a hob or in a microwave.

Cooking a ready made meal in a microwave isn't part of the descriptors. However, i think you're asking a lot to expect to score 8 points here.

Descriptor 1F measures the ability to prepare and cook food. A claimant can only satisfy 1F if they can neither prepare nor cook food (even with assistance or supervision). If they cannot do one of these, even with assistance or supervision, but can do the other then one of the other descriptors will apply. Claimants who can prepare food but cannot cook it, would not satisfy this descriptor.

If you can reasonably use an aid like a perching stool then this is 2 points. This would be the same points as using a microwave.  If they think assistance/supervision is needed then it's 4 points.

There's 9 other daily living activities, have you had a look at those to see where you maybe able to score more points?

Do you currently have an award or were you refused?

Gardeningflowers

Hi Poppy, thank you for your reply, it's very much appreciated.

On my original claim I scored zero for both care and mobility. On MR that was increased to 10 for care and 4 for mobility. 

I think I'm understanding what your saying but what I'm confused about is as five days per week I am too exhausted to prepare and cook a meal from scratch with fresh ingredients - on those days I only have the ability to heat a pre-prepared meal. This is why I believed I was eligible for 8 points. Also as it takes me so long to prepare and cook on the 2 days I'm able I also thought that would count as not being able to do so in an acceptable time. 

I am therefore confused why it's been decided I fit into 1c as yes 5 days a week (which is the majority) I can preheat a meal but it's not from scratch or from fresh ingredients which I thought were important in this descriptor. I'm worried (I suffer from GAD) if I go ahead with the tribunal I could lose what I've already been awarded.

Like many people on this forum, I'm finding the whole process incredibly difficult and stressful and never really know if i'm doing it right or understand it all.

calcotti

On the majority of days could you do it if you had assistance? If so then you might score 4 points. 

You said you already have 10 points for care, were any of those points for this activity?

poppy123456

I still think you’re misunderstanding the descriptor here. They first look at your ability to use an aid and if they think you can reasonably use this then that’s what you will score points for.
If an aid like a perching stool doesn’t help then you need to tell them why it doesn’t help.

If an aid can’t be used then they look at assistance/supervision. This would score you 4 points. Even if you don’t get that help, you can still score the points.

calcotti said:

You said you already have 10 points for care, were any of those points for this activity?

2 points were scored here for 1C. 

poppy123456

Gardeningflowers said:

if I go ahead with the tribunal I could lose what I've already been awarded.

That's not quite correct. If there's any risk to your current award they will warn you before removing points. They would either contact you before the hearing by letter. Or warn you on the day of the hearing, if it's done this way the hearing will be adjourned so you can go and think about what you want to do next. This will then give you the chance to cancel the hearing. 

calcotti

poppy123456 said: 2 points were scored here for 1C. 

Missed that in the opening post!

OP, that means that if you can persuade them that you would need assistance to be able to prepare and cook a simple meal on the majority of days and score 4 points that would be sufficient to increase your total score to 12 points and get you the enhanced rate of Daily Living.

Getting 8 points would require very severe limitations on your ability.
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Descriptor 1F measures the ability to prepare and cook food. A claimant can only satisfy 1F if they can neither prepare nor cook food (even with assistance or supervision). If they cannot do one of these, even with assistance or supervision, but can do the other then one of the other descriptors will apply.

flour

A tribunal took the view that to use a microwave means you need to be able to prepare fresh ingredients first and then cook them in the microwave.

This is on the website https://pipinfo.net/activities/preparing-food

This is the decision https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=4810

Gardeningflowers

@poppy123456 That's really interesting to know that if they thought I might lose my current points (and therefore my award) that they'd get in touch before the actual tribunal takes place. I didn't know that was the case as on Citizens Advice website I read 'Tribunals can look at your whole award again. So you should consider whether you risk losing your current award'. Have you known this to happen to other people? As I suffer from GAD I automatically got scared and panicked. Thank you for all your help and advice.

@calcotti Thank you for your help, my Mum is going to write a statement to send into the Tribunal Service that will include the help and assistance she gives me.

@flour Thank you for your help and the links. I'll get my Mum to have a good read through them before she writes her statement of how my condition effects me, and the help and support I need. It's interesting to know that even if you use a microwave you still need to be able to prepare the fresh ingredients first, I feel this has been ignored in my case.

poppy123456

We’ve had members here who have had a warning so it does happen. 

Gardeningflowers

@poppy123456 That's good to know, thank you again for your help.