Daily living - Activity 7: Communicating verbally
Activity 7 considers a claimant’s ability to communicate verbally with regard to expressive (conveying) communication and receptive (receiving and understanding) communication in ones native language. As with all the other activities, a claimant is to be assessed as satisfying a descriptor only if they can do so reliably.
Descriptors
The descriptors for Activity 7 are -
- Can express and understand verbal information unaided. 0 points
- Needs to use an aid or appliance to be able to speak or hear. 2 points
- Needs communication support to be able to express or understand complex verbal information. 4 points
- Needs communication support to be able to express or understand basic verbal information. 8 points
- Cannot express or understand verbal information at all even with communication support. 12 points
Source: Part 2 of Schedule 1 to the Social Security (Personal Independence Payment) Regulations 2013 (SI.No.377/2013), and Part 2 of Schedule 1 to SR.No.217/2016 in Northern Ireland.
NB - in Scotland, adult disability payment is replacing personal independence payment and the descriptors are found in Part 2 of Schedule 1 to the Disability Assistance for Working Age People (Scotland) Regulations 2022 (SSI.No.54/2022).
Definitions
Terms used in the PIP descriptors are defined in regulations and, in relation to Activity 7, are -
- “aid or appliance” - (a) means any device which improves, provides or replaces [the claimant's] impaired physical or mental function; and (b) includes a prosthesis;
- “basic verbal information” means information in [the claimant's] native language conveyed verbally in a simple sentence;
- “communication support” means support from a person trained or experienced in communicating with people with specific communication needs, including interpreting verbal information into a non-verbal form and vice versa;
- “complex verbal information” means information in [the claimant's] native language conveyed verbally in either more than one sentence or one complicated sentence;
- “unaided” means without - (a) the use of an aid or appliance; or (b) supervision, prompting or assistance.
Source: Regulation 2 of and Part 1 of Schedule 1 to the Social Security (Personal Independence Payment) Regulations 2013 (SI.No.377/2013), and regulation 2 of and Part 1 of Schedule 1 to SR.No.217/2016 in Northern Ireland.
See also DWP guidance on Activity 7 in section 2.3 of the Personal Independence Payment assessment guide for assessment providers.
NB - in Scotland, adult disability payment is replacing personal independence payment and the definitions are found in regulation 2 of and Part 1 of Schedule 1 to the Disability Assistance for Working Age People (Scotland) Regulations 2022 (SSI.No.54/2022). See also Social Security Scotland guidance in,Daily living component activity 7 for ADP - communicating verbally.
Case law
Commentary: In a Northern Ireland Commissioner's decision C3/18-19(PIP) (reported as [2020] AACR 15 and, as such, highly persuasive in Great Britain although not strictly binding outside Northern Ireland) - Commissioner Stockman disagrees with Upper Tribunal Judge Gray’s analysis of verbal communication in [2017] UKUT 101 (AAC) - where she suggests that it only relates to spoken words - holding that using a pen and paper to communicate in the absence of speech falls within the scope of using an aid or appliance to communicate verbally. | Add commentary or suggest an edit.
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Using a pen and paper to communicate in the absence of speech falls within the scope of using an aid or appliance to communicate verbally
- [2019] NICom 33
- Reported as [2020] AACR 15
- C3/18-19(PIP)
- BM v Department for Communities (PIP)
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Secretary of State’s lip reading ‘concession’ is not overly-generous but is in fact the correct legal interpretation
- [2018] UKUT 376 (AAC)
- CPIP/315/2018
- P v Secretary of State for Work & Pensions (PIP)
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Assistance with listening exercises can amount to ‘therapy’ / activity 7 and the Secretary of State’s lip-reading concession
- [2018] UKUT 193 (AAC)
- CPIP/1988/2017
- MM v Secretary of State for Work and Pensions (PIP)
- Lip-reading is not to be considered an acceptable way to interpret verbal communication
- [2018] UKUT 112 (AAC)
- CPIP/3326/2017
- SB v Secretary of State for Work and Pensions (PIP)
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Engaging socially involves more than to be able to communicate; the interaction must be contextually and socially appropriate
- [2017] UKUT 454 (AAC)
- CPIP/1214/2017
- Secretary of State for Work and Pensions v AS (PIP)
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Policy intent to ignore lip reading in PIP activity 7 needs to be publicly acknowledged pending any regulation change
- [2017] UKUT 429 (AAC)
- CPIP/1396/2017
- CC v Secretary of State for Work and Pensions (PIP)
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Ability to communicate by text is not relevant to PIP activity 7 / disability should be assessed in the context of normal daily life and not a self-imposed sheltered version
- [2017] UKUT 101 (AAC)
- CPIP/2306/2015
- EG v Secretary of State for Work and Pensions (PIP)
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‘Communication support’ in connection with hearing loss can be provided by family and friends and is not limited to help from sign language interpreters
- [2016] UKUT 550 (AAC)
- CPIP/1534/2016
- TC v Secretary of State for Work and Pensions (PIP)
- Overlap between ‘communication support’ (descriptor 7(c)) and ‘social support’ (descriptor 9(c))
- [2016] UKUT 160 (AAC)
- CPIP/2559/2015
- HB v Secretary of State for Work and Pensions
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Anxiety may be the sole cause of verbal communication difficulties for the purposes of activity 7 albeit rarely / Meaning of ‘complex’ verbal or written information
- [2016] UKUT 8 (AAC)
- CPIP/2301/2015
- GJ v Secretary of State for Work and Pensions