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Filling in PIP review form quoting legislation. Yes or no

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2 days 1 hour ago #305863 by jakkijax
Currently filling in my PIP review form 2. Having completed your awesome PIP training i am wondering if it would be a good idea or not to actually quote legislation when providing additional details.

I think yes because they will know that I understand the form and requirements.

Then I think no because it might make me look arrogant and a smart pants.

Any advice?

Thanks J

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1 day 1 hour ago #305886 by LL26
Hi jakkijax,
Indeed both scenarios have merit. That said I think the answer depends in exactly what you want to quote.
Reg. 4 (2A) reliability criteria. (Safety, acceptable standard, repetition, reasonable time.) I think is always good to mention as DWP is notoriously bad at this.
So eg I need supervision to prepare and cook a simple meal for one. I am unsafe using knives and hot pans because....
Or Reg 7 majority of days and also higher value when more than one task in the set apply equally etc
Eg When I have flare ups I can not do X....because I am so weak I have to remain in bed, and can not even get up to go to the toilet unaided. The flare ups last for 3 or 4 weeks, but can last longer. There is usually a week when I feel a little better between the flare ups. Therefore I can not do X ...for the majority of days.

Or - My condition varies - half the week I can walk 20- 50m before the pain becomes too severe, and I lose balance and can fall and hurt myself. On the remaining days, the pain is much worse and I can only manage up to 20 m. Because I can not walk more than 20m safely, in a reasonable time and acceptably in accordance with Reg 7 - I should receive 12 points- 1e.

I often write these kind of explanations, using a subtle reminder of the law to hopefully steer DWP in the right direction. It does sometimes work.
Don't be overly concerned about looking too smart doing the above.
However unless you are absolutely sure what you are saying don't refer to specific Regulations by name/number, that really will confuse the assessor and potentially the decision maker too.
Regs 7 and 4(2A) should be referred - Reg 7 by its name, Reg 4(2A) by use if the various words, such as safely, repeatedly etc.
I would quote other law (if you are sure and confident) in a submission to the tribunal. (Legal arguments) especially things like Supersession law and caselaw.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, jakkijax

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11 hours 6 minutes ago #305891 by jakkijax
Wow that's brilliant. I have done your pip training. Somewhat you say makes perfect sense. I will let you know how it goes
I have multiple health issues so will also use the combined descriptors. Thanks again. Jak

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10 hours 57 minutes ago #305892 by jakkijax
Perfect thankyou. I have done your pip training so understand what you are saying.
I have multiple health issues so will also include the combining descriptors.

Thanks again. Sheer genius. Jak

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8 hours 18 minutes ago #305902 by jakkijax
Many thanks. I've tried to reply but don't see it on the forum.

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5 hours 9 minutes ago #305913 by Kitty
No don't mention 'legislation' this will make you look a fraud and too intelligent. Remember it's how your condition AFFECTS you . Don't just put same as last time, DWP need reminding. It's usually in 3 parts :- A is How you function ,B is usually any specail equipment or specialised treatment, C if you need someone professional to help you or & need prompting - even you don't get it ,write that you need it but don't recieve it. Don't worry about bad grammer spelling and handwriting this will show that your stressed by filling it in .Photocopy the form and lastly send it by Special Delivery, so the DWP can't accidentally on purpose lose the form ,and you can track it .

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