[2024] UKUT 450 (AAC)

The Respondent submits that the relevance of an aid or an appliance is directed only to whether it enables the individual to carry out an activity that they otherwise could not carry out. In so far as a feature such as handles on a bath, is present and could assist any person, irrespective of functional impairments, it could not constitute an aid or appliance for the purposes of the regulations, CW v Secretary of state for Work and Pensions(PIP) [2016] UKUT 197 (AAC) relied upon at [31]-[33]:

Further, it was submitted that an ‘aid’ or ‘appliance’ which is used in the act of bathing or showering is not relevant to the definition of the bath or shower itself. Aids and appliances which are used in the act of bathing or showering assist a person with a limitation in performing the activities but have no implications for the structure of the bath or shower. The Respondent goes on to identify a variety of aids and appliances commonly used to enable a person to carry out the activity of washing and bathing, which are not and do not become permanent features of the bath (i.e. bath board, bath chair etc). Specifically, that a handrail attached to the wall above a bath or near it, or on the wall of a shower cubicle, does not adapt the structure of the bath or shower. Therefore, the question of whether the aid adapts the bath or shower does not arise.

The Respondent submits that when assessing a claimant’s ability to carry out all the descriptors within activity 4, in all cases, this will be measuring the claimant’s ability when using a standard, or ‘unadapted’ bath or shower. The Respondent observed that this submission is consistent with the analysis in SP and the PIP Assessment Guide for descriptor 4e. In circumstances where a claimant can only get into or out of a bath or shower using an aid or appliance, they will be awarded 2 points under 4(b). If an aid or appliance does not enable a claimant to get into or out of an unadapted bath, it is only at this juncture that consideration needs be given to whether assistance is required for them to do so. The latter reflecting a higher level of need, leading to an increase in points awarded.