Across The Pond

Disability determination is very different overseas Here is an exchange from the Rightsnet board in Great Britain:

Joe Barton:
Had a client who could not use her right hand so could not peel or chop vegetables as a result we applied for the low rate Care Component of DLA [Disability Living Allowance, which looks as if it may be the rough equivalent of SSI disability benefits] on the basis that she could not plan, prepare and cook a main meal. At the tribunal hearing clients appeal was disallowed on the basis that she could buy packets of frozen veg that did not need chopping? Has the law on the cooking test changed because it seems judges at tribunals are now resorting to the above tactics and mentioning things such as microwaves.

ken:
I think that a tribunal could argue there is sufficient case law that allows for the reasonable use of a microwave to help in in the 'preparation' of a main meal.

However, in terms of ingredients, the commissioner in R(DLA) 2/95 held that -

• 'The word 'prepare' emphasises a claimant's ability to make all the ingredients ready for cooking. This includes the peeling and chopping of fresh vegetables as opposed to frozen vegetables which require no real preparation.'

I imagine that we look similarly bizarre to those on the other side of the Atlantic.