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When is an Aid an Aid?

Posted on 14 February, 2017 at 5:25

The Upper Tribunal has had to deal with a plethora of appeals asking whether certain things are ‘aids’ or not for the purposes of the Personal Independence Payment descriptors. Is a chair an aid if it is used to dress? Are slip on shoes an aid if the individual cannot bend to tie laces? Is the floor an aid if the individual has to lie down to dress?

 

The general consensus appears to be that if an aid is something that is ordinarily used, even if it is one of a number of choices, by people without the individual’s disability; then it is unlikely to amount to an aid. So to answer the questions above, a chair is not per se an aid, as those without the disability may also use a chair to dress, nor are slip on shoes and nor is the floor.

 

However, the cases suggest that the test is more complex than that. It seems the presumption that it is not an aid is rebuttable. If the appellant can show that they need that particular chair or a specific type of slip on shoe, then it could amount to an aid, because the need to use a specific chair, rather than any old chair, could cause the chair to be a device which improves, provides or replaces the impairment (the Regulations definition of an aid).

 

As a result, an appellant needs to consider why they use a chair to dress? Does the chair they use have any special characteristics which are the reason why this chair is used rather than any old chair. For example, the chair may have particularly firm and wide arms, for the appellant to use to raise up from a sitting position, which any old chair would not have; it may be higher, wider, firmer than any other chair and those characteristics are what aid the impairment rather than any old chair, which wouldn’t assist.

Darren Martin 

Community Legal Representation CIC

 

Categories: Welfare Benefits Law

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6 Comments

Reply Thomas Davis
21:48 on 30 September, 2018 
Darren it's been 2 years and you haven't done anything for me give me my paperwork back. You and Kelly are terrible people.
Reply Sasha Woziack
22:38 on 29 August, 2018 
Two of the most incompetent idiots I have ever had the displeasure of having contact with. MORONS,. Don't waste your money or time with Darren or Kelly they have no credibility. Fact, check them out for yourself!
Reply Sarah holmes
9:55 on 15 January, 2018 
Hi Darren could you please reply to me as over two years ago you said you would represent me however it never transpired I have the opportunity to take my former employment back to court therefore I need all the documents you have of mine. Please reply to me on the site when I could arrange to pick it up. Thanks
Reply Laura sands
20:53 on 28 November, 2017 
These two are terrible people DON'T TRUST THEM!
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