It’s often the case that people who have alcohol or drug addictions get an unsympathetic hearing from PIP assessors, Decision Makers and sometimes tribunals.
A recent case about the assessment of the difficulties that arise from alcohol addiction caused me to go back over the caselaw.
Here are some edited highlights:
From case R(DLA) 6/06
The transient and immediate effects[of] a person choosing to consume too much alcohol are not to be taken into account in determining entitlement… because … he or she can reasonably be expected to avoid the need for [help] by controlling the consumption of alcohol.
[However]
… alcohol dependency is a medical condition…
A person who cannot realistically stop drinking to excess because of a medical condition and cannot function properly as a result can reasonably be said both to be suffering from disablement….
[There is] no reason why the effects of being intoxicated should not be taken into account in determining… entitlement to [PIP]
The diagnostic criteria for dependence show that it is inappropriate to think in absolute terms of choice or uncontrollable addiction; it is more helpful to think in terms of the degree of self-control that is realistically attainable in the light of all of the circumstances, including the claimant’s history and steps that are available to him to address his dependence
However, it does seem to us to be desirable that a claim… by a person who is suffering from alcohol dependence should at least raise the question whether the assistance the claimant needs is help to stop drinking rather than help to deal with the consequences of drinking.
… the decision-maker or tribunal [should] consider whether the claimant could realistically be expected to reduce his or her consumption of alcohol so as to avoid the [need for help]
From Case SD v SSWP (PIP) [2017] UKUT 310 (AAC)
[The decision make or tribunal must consider]:
- whether the effects of intoxication cause such significant impairment as to render the claimant incapable of fulfilling any relevant tasks or functions at all…;
- when if there is such impairment it would typically take hold during a day;
- which functions would be impaired;
- which activities and descriptors would be in issue; and
- whether any limited period of incapability through intoxication would[cause]a tangible impact upon the claimant’s activity and function during a day.
From case DE v Secretary of State for Work and Pensions (PIP) [2021] UKUT 226 (AAC)
Alcohol Use Disorder is a “mental condition”… for the purposes of PIP (applying the principles in R(DLA) 6/06)
…a diagnosis of AUD, is not critical…to make findings of fact that excessive alcohol consumption beyond the Appellant’s self-control [is] the underlying cause of an Appellant’s functional limitations for the purposes of the PIP activities and descriptors.
These extracts are taken out of order, but I have tried to accurately reflect the meaning in each case.
All of these cases had a lot more to say.
- They mentioned the barriers to assessment; that through fear, shame or lack of self awareness a claimant might not be able to give an accurate picture of their difficulties.
- They look at the way alcohol or withdrawal from alcohol affects the abilities needed to do the PIP activities.
- They consider questions of safety and reliability in doing the PIP activities.
Benefits nerds can follow the links to the relevant decisions.
Feel free to get in touch if you want to talk these things through.