omitted
[24] omitted.
The relevant activity in this case is managing toilet needs, and specifically managing cleaning oneself after using the toilet, under Activity 5. An impaired function in being unable to reach one’s bottom to clean would be relevant. An impaired function in dexterity which made it impossible to handle toilet paper would be relevant. All of those are impairments to a function of a claimant which affects her ability to carry out the particular activity.
In this case, there was no relevant impaired function. The claimant had no mental or physical limitation with the act of cleaning herself. She could have cleaned herself without difficulty. A propensity to infection does not affect the claimant’s ability to manage cleaning herself. The matters which the parties in this case contend were ‘impaired functions’ have no connection to the relevant activity, and are therefore not capable of amounting to a relevant ‘impaired function’ for the purposes of the definition of ‘aid’. The application of the definition of ‘aid’ in these circumstances falls at the first hurdle.
- Heading
- The decision of the Upper Tribunal is to allow the appeal and remake the decision
- Factual background
- Legal framework
- “aided” means with
- “bathe” includes get into or out of an unadapted bath or shower
- Schedule 1 activities as relevant before the Upper Tribunal Daily Living
- “Assessing whether you were able to wash and bathe to an acceptable standard, including other point-scoring descriptors within this activity: The tribunal decided you scored descriptor 4.a (0 points)
- Daily living
- Mobility
- The parties’ submissions before me
- The appellant
- The respondent
- Analysis
- What is Activity 4 assessing?
- Applying this within the descriptors
- My conclusions as to Activity 4
- Soap as an aid?
- omitted
- Conclusions
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