Author Topic: Another court loss for the DWP  (Read 238 times)

JLR2

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Another court loss for the DWP
« on: August 29, 2017, 08:59:49 AM »
I do not know how many of us here on Ouch Too have the chance to read the 'National' a newspaper available in Scotland but in yesterday's paper there was an item about the DWP losing a case against a man who as it happened previously worked at the DWP.

The essence of the story was that the DWP had withheld a personal independence payment to a Scottish man who suffered from depression. The man had been awarded 7 points which was 1 less than required to qualify for payment of PIP and so he appealed the decision arguing he needed social support to engage with other people.

The case turned on the question of what constitutes 'prompting' and support. The DWP argued that social support had to be ''contemporaneous' and be provided by ''a person trained or experienced in assisting people to engage in social situations''

The three Scottish judges rejected that argument with one writing, ''The possibility of overlap between ''prompting'' and ''support'' is in our view, reinforced by the fact that ''social support'' is not limited to support provided by persons with particular training or expertise or which is provided professionally, but may include support provided by family or friends.

Lawyers for the DWP argued that for the support to be ''contemporaneous'' it would have to be given not more than ''minutes'' before the person needing prompting began to prepare or cook his meal.

The Judge wrote: ''It is commonplace for people providing assistance with meals to come in at different times of day, set out the ingredients and leave notes, all designed to remind and encourage the person needing the help to look after themselves and cook themselves an evening meal.

The DWP spokesman said: ''We are reviewing the implications of this judgement, and will respond in due course.''

I have pretty much taken all the above from the page in the National.

It would have been nice, sort of, had the BBC News Channel thought to have made mention of this DWP court defeat but I have a feeling the implications of this judgement are more significant than they might at first glance appear.


From the Oxford dictionary (on-line)

''contemporaneous''  adjective, ''Existing at or occurring in the same period of time.''


« Last Edit: August 29, 2017, 09:08:16 AM by JLR2 »


JLR2

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Re: Another court loss for the DWP
« Reply #2 on: August 29, 2017, 10:13:04 AM »
Cheers Lankou.

Fiz

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Re: Another court loss for the DWP
« Reply #3 on: August 30, 2017, 05:48:52 PM »
That's a big move in the right direction.