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what is substantial risk of harm?

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8 years 10 months ago #136562 by carl30
what is substantial risk of harm? was created by carl30
Ive always had extreme difficulties socially, and this is something that up until recently ive always attributed to being "shy". Now im not so convinced this is the case and am awaiting and ASD Assessment. Unfortunately the diagnosis isn't confirmed yet, so im trying to focus on symptoms rather the the ASD label.

In the engaging socially activity of pip, the highest scoring descriptor mentions substantial risk of harm to the claimant?

Within the context of the activity, what is substantial risk of harm? Is it someone punching me because ive accidently offended them, or can it be something more emotional. For example my problems prevent me from making friends. Does this mean social isolation can be a form of harm?

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8 years 10 months ago #136599 by Gordon
Replied by Gordon on topic what is substantial risk of harm?
Carl

When looking at the Descriptors for a benefit such as PIP, you cannot take isolated words or phrases and attempt to apply them to your situation, you always need to look at the whole Descriptor;

d. Cannot engage with other people due to such engagement causing either –
(i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the
claimant or another person.


So to discuss 9(d)(ii)

First of all you must be the person exhibiting the behaviour, it's unclear whether your not doing something (making friends), would count as "exhibiting behaviour", I think you would need to argue strongly that this is the case.

Where legislation does not define the meaning of words you can use the standard English definition.

substantial
Of considerable importance, size, or worth


So substantial means much more than most or the majority of the time, but does not mean all of the time.

Lastly there must be risk of harm, you would need to clearly identify what harm you suffer by not making friends, so for example; does social isolation increase your symptoms and if it does what harm to you would result from this happening. The harm may be physical, for example; self-harming, or mental; for example increasing you level of depression.

It will only be if you can show that all of these points (your behaviour, substantial risk, harm), apply to you that you will have any chance of scoring points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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