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DLA Appeal - Cooking Test 8 years 9 months ago #71763

In the DWP response to my appeal against their refusal of Mobility and lower care, the DM states: "The purpose of the 'cooking test' is not to establish if a person can survive, or enjoy a reasonable diet without assistance. It is a notional test, a thought experiment, to find out the severity of the disability".

And later: "This is a hypothetical test of whether a person has the ability to perform the various tasks necessary to make a meal ...".

I'm not sure what to read into these statements. Either I can prepare a meal or I can't; and I can't. There seems little hypothetical about it. Am I missing something?

Other comments in the DM's response suggest the test is applied on the basis of the ingredients being available. This is the bit I struggle with, especially the added costs of necessary home delivery. Is this a fair or relevant argument to make at the appeal?

(The DM's comment that I "may prefer to have ready meals" is gratuitously insulting to me!)

David

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Re:DLA Appeal - Cooking Test 8 years 9 months ago #71770

  • michaelg
David wrote:

In the DWP response to my appeal against their refusal of Mobility and lower care, the DM states: "The purpose of the 'cooking test' is not to establish if a person can survive, or enjoy a reasonable diet without assistance. It is a notional test, a thought experiment, to find out the severity of the disability".

And later: "This is a hypothetical test of whether a person has the ability to perform the various tasks necessary to make a meal ...".

I'm not sure what to read into these statements. Either I can prepare a meal or I can't; and I can't. There seems little hypothetical about it. Am I missing something?

Other comments in the DM's response suggest the test is applied on the basis of the ingredients being available. This is the bit I struggle with, especially the added costs of necessary home delivery. Is this a fair or relevant argument to make at the appeal?

(The DM's comment that I "may prefer to have ready meals" is gratuitously insulting to me!)

David


Hi David

To answer the last point first about ready meals, this would possibly be incorrect as the test is not about ready meals, but using proper ingredients to prepare and cook a meal.

Having your meals delivered is irrelevant, as far as the cooking test is concerned.

Please do read the B&W guides to DLA in the orange Members Only section.

Regards

Michael

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Last edit: by michaelg. Reason: spelling

Re:DLA Appeal - Cooking Test 8 years 9 months ago #71775

Although the following document is ten years old it is still relevant today:-

The DLA cooking test: food for thought

There was also an important decision by the House of Lords concerning the cooking test in 2003, but as you would expect from a court is laden with legal jargon. However, if you are prepared to wade through the document you may find some parts useful?

Moyna (Respondent) v. Secretary of State for Work and Pensions (formerly against the Social Security Commissioner) (Appellant).

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