[2024] UKUT 339 (AAC)

Failure adequately to consider and make a finding as to whether the claimant needs prompting to be able to prepare or cook a simple meal

As the claimant’s representative points out, the claim form had said “I suffer with anxiety and depression some days i dont feel like eating or feel like cooking food” (page 9, my underlining). This evidence of a lack of motivation raised an issue as to whether there was a need for at least prompting to prepare food.

Moreover, the claimant had said in her Notice of Appeal to the First-tier Tribunal (pages 3 and 4)—

“I do not cook meals for myself. I don't really think about eating due to my mental health, depression, and anxiety. It's usually my mother who cooks for me. She reminds me about meals, as I tend to forget about meals, and think the day is too short. I do not have energy to think about it. If my mother woldn't [sic] cook or woyuldnt [sic] remind me to eat I wouldnt [sic] eat at all, or eat things like crisps I do not prepare meals for myself primarily because I often neglect or forget to eat due to my mental health struggles with depression and anxiety. Thankfully, my mother takes on the responsibility of cooking for me. She not only prepares meals but also reminds me to eat, as I frequently overlook the importance of regular meals and feel that time passes by too quickly.

My lack of energy and motivation further contribute to my inability to prioritize eating. Without my mother's involvement, I would likely go without meals or rely on unhealthy snacks like crisps for days.”.

In saying that her mother “reminds me about meals”, the claimant seemed to include preparing meals, rather than just eating. So this was specific evidence that the claimant receives prompting to prepare meals. Receiving it does not means she needs it of course, but it can be evidence of a need.

The HCP’s report that “She can prepare her own meals, but mum tends to do this” on page 19 did not contradict the claimed lack of motivation in the claim form, or the needs suggested by the Notice of Appeal. The HCP did not go so far as to say whether the claimant could prepare meals unprompted. Moreover, the First-tier Tribunal had awarded 10 points for mobility descriptor 1d because of the claimant’s mental ill-health.