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Old 30-08-2009, 13:21   #118
nomadking
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Re: disability living allowance

One of the infamous problems is the DWP's (deliberate?) misinterpretation of the "main meal test". This according to the DWP's own Decision Makers Guide, evidence given to a Commons Select Committee and even a House of Lords ruling, is that it is a hypothetical test.
Evidence given to a Commons Select Committee:-
Quote:
"5. The main meal test is a hypothetical examination of ability to prepare and cook a meal, which is seen as a proxy of ability to perform a wide range of household tasks. These include both physical and mental activities, such as manual dexterity, ability to stand, bend and reach, and ability to plan and execute activities. The test is independent of the household appliances which are available to the claimant."
Whereas the DWP treat it as a direct test of ability to use a cooker and not the test of the activities involved. An example would be that if you had problems standing for a period of time then would say that you could use a stool(even if that is even more painful/difficult). The law says that the problem is not standing just to use a cooker, but standing in order to perform any household task. Similarly with bending down to use an oven, the DWP just say that you don't have to use an oven. The law says that it is the activity of bending down that is being 'tested', not just use of an oven.
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