The first time you claim a disability exemption you must claim at a post office. .. pans? Let them know if you are not able to work out sell-by dates or help to use an appliance (for example, securing a stoma bag, or washing. Dec 30, sometimes it is to your advantage that (at least in the UK anyway) a stoma does classify you as disabled. As far as I know (and I wouldn't want. Ostomy-related questionsIntimacy & DatingFood Advice, Healthy To become registered as a disabled person in the UK the condition has to affect you in such a way that you would be considered permanently and substantially disabled. Many people with stomas are not 'disabled' by the condition even.
Stoma classed as disabled dating - You are here
In such cases it is legitimate for a tribunal to look to see whether or not there was a diagnosis of any physical or mental condition in relation to the claimant which could give rise to his behaviour as a starting point. Physical pain is part of a person's physical condition even if caused by, or a symptom of, psychological factors.
The test says nothing about how often the person should be able to cook. The fact, for example, that a claimant might sit on a stool to perform operations that an able-bodied person would perform while standing would not necessarily qualify him for the care component.
This case concerned a girl who was under age 16 when the decision was made but was about to become 16 when the cooking test would apply. This appeal failed because the lack of these senses, in themselves, were insufficient to prevent the claimant from cooking a main meal. If considerations of safety render the claimant incapable of preparing a meal, then he cannot do so.
Reasonable is what is reasonable for a member of the community to which the claimant belongs but a "cooked main meal" is not a snack. The test includes all activities associated with cooking such as reaching for a saucepan, lifting it and filling it with water. Because the test is objective it is irrelevant that a claimant may never wish to cook such a meal or that it is considered financially impossible.
Heavy pans or dishes are not necessary when preparing this meal. The main issue is not whether help was provided but whether it was needed. By this definition, selecting clothes to wear and applying Braille labels is attention but the sorting of clothes for laundering or checking food labels for sell by dates was not.
Involves "service involving personal contact carried out in the presence of the disabled person". Includes definitions of "bodily functions" and other terms. Cockburn v CAO states that cooking, shopping and cleaning are not attention in connection with a bodily function. Secretary of State v Fairey allows help to be given to someone in order for them to carry out their own shopping, cleaning etc.
In Margaret McPhee v Advocate General for Scotland it was held that attention to the need to urinate can also take account of the attention following the completion of the bodily function of urinating — e.
In relation to incontinence it discusses what might count as attention — e. This case concerned a child who had post traumatic stress. Also argued that reassurance may not help with sleep. Doubted whether this was close personal intimate contact. It failed to consider help given outdoors as attention and it excluded evidence by applying a test of context help with cooking, cleaning, shopping, domestic duties etc rather than considering whether it was help with bodily functions.
See also Secretary of State v Fairey and sections on particular disabilities such as deafness or blindness. Guidance suggests that decision maker should consider: Which bodily function is impaired?
Whether the disabled person can perform the activity in question with that attention? Help from a third person in connection with hearing or speaking counts as attention but not if the signer is reasonably skilled.
The need to speak loudly or clearly may also not count. It involves many organs of the body, including the mouth, vocal chords, face and limbs and the bodily functions of hearing, seeing, speaking and movement. You need to look at how all of these are affected to ascertain the attention needed. Social integration should be "unbundled" in the same way as communication and the bodily functions involved identified by the tribunal when making a decision.
There comes a point where it takes so much longer that help can only be considered to be reasonably required. The speech of Lord Slynn concerning Fairey and Cockburn suggest that not all of these were separate bodily functions. Some, such as walking, dressing, sitting and getting out of bed were all actions concerned with the bodily function of movement.
It is also appropriate to extend the term bodily function to the organ's immediate purpose - the mastication of food. Bodily functions can also be the actions of an organ acting with other organs - the jaw carries out the function of eating because it acts in concert with the rest of the digestive system.
An activity performed by the body is not a bodily function if it isn't a normal action or purpose of that organ or set of organs - e. But even if an activity is not itself a bodily function the "discrete" bodily functions involved with this activity can be "unbundled" to ascertain a claimant's impairment in order to decide whether they are relevant to the test for DLA. Functions of the brain are included within the term "bodily functions".
Frequent - Several times. Not just once or twice. Prolonged - Some little time not defined but taken to mean 20 minutes — used by the old attendance allowance boards. Repeated - More than once. Therefore the frequent intervals must be more than twice at least. Basically the approach is to assess an average over a given period of weeks. Discusses cases where there are gaps in attention during the day.
Definitions for prolonged and frequent attention should be considered in relation to this but also should not be followed slavishly. The nature of those occurrences is also relevant. But it stresses that unusual or extreme household arrangements cannot override the core element contained within the words 'day' and 'night' - a household cannot "make their night light and the dark their day". Basically this means that night is generally defined the time when an adult is in bed but this period must be more or less within nighttime hours.
Night for a reasonably average household is between about 11pm and 7am. In this case the claimant was out walking before 7am and any help needed before this time was considered night attention. States that the relevant time is when the attendant goes to bed but also considers what is generally accepted as night-time — i. Significant - could mean at least an hour.
Portion - implied a fraction or percentage of the day rather than a time period. If predictable, can the fall, or the risk of a fall, only be avoided by supervision? If the falling is unpredictable, will it give rise to substantial danger? Is the substantial danger too remote a possibility? There may be circumstances where different questions need to be asked. The test is what is reasonably required. It was not further obliged to go on and explain why it did not consider such a frequency amounted to a "significant risk of falling".
Must look at the "propensity" to fall by reason of his or her condition. Claimant's medical condition must give rise to danger to self or others Danger must not be remote Must be need for supervision by a third party to avoid this danger Supervision must be continual.
However, such supervision does require the carer to be "attuned to the needs of the person cared for and to be in a position to respond to the onset of danger. It does not require the person supervising to eliminate danger altogether.
It can arise from many things - such as exposure or neglect. Moran v Secretary of State for Social Services states that the supervision may be precautionary and anticipatory. Attention and supervision can overlap and be provided at the same time. The decision makes reference to and approves the following passage from the second edition of The Law of Social Security by A.
Barendt at page This neatly explains who is likely to be excluded from receiving high rate mobility component because they cannot benefit from enhanced facilities of locomotion.
Legislation provides that it is payable only where the invalid's condition is 'such as permits him from time to time to benefit from enhanced facilities for locomotion'. This obviously excludes human vegetables and those whom it is unsafe to move, but it is arguable that of the remainder there will be few who will not receive some benefit from the occasional sortie, and it is not easy to draw a line between the deserving and the undeserving except on some arbitrary basis.
The decision say that the claimant may benefit from enhanced facilities for locomotion and satisfy the test for lower rate mobility component. Supervision needs taken into account for middle rate care component could also be taken into account for the low rate mobility component test although there is no automatic passport to low rate mobility component. The test is satisfied where someone is too frightened or nervous to walk out of doors on unfamiliar routes as a result of their underlying disability.
Where someone is profoundly deaf or has some other disability and also has limited ability to communicate or receive information, guidance in order to ask for directions may count.
Would you have been? In fact, on the outside we look like strong, beautiful people. But on the inside? This is a picture of me that was taken last weekend: I was having stomach pain when this picture was taken. I have been on clear fluids and soft foods all week. This is why it is so important that all of us speak out. And you can too. Whether you take time to explain it to a few family members, or a group of friends, or you open up about what you have to an entire auditorium of people — We all have a reason to talk about what we have.
We will continue to be scrutinized for having to leave school early, for missing a day of work, for not being able to wear a certain pair of pants, or for not being able to share a certain dish at a restaurant.
Friends and followers — I have some exciting things coming in the next little while for Uncover Ostomy that I want all of you to be a part of. Over the next few weeks, you can educate. Over the next few weeks, I want to see you share.
'Have a stoma and live or don't have one and die'
10 things about having a stoma they never tell you (in no particular order) :
Basically the approach is to assess an average over a given period of weeks. Reasonable is what is reasonable for a member of the community to which the claimant belongs but a "cooked main meal" is not a snack.