Daily living - Activity 5: Managing toilet needs or incontinence
Activity 5 considers a claimant’s ability to get on and off the toilet, to clean afterwards and to manage evacuation of the bladder and/or bowel, including the use of collecting devices. 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 5 are -
- Can manage toilet needs or incontinence unaided. 0 points
- Needs to use an aid or appliance to be able to manage toilet needs or incontinence. 2 points
- Needs supervision or prompting to be able to manage toilet needs. 2 points
- Needs assistance to be able to manage toilet needs. 4 points
- Needs assistance to be able to manage incontinence of either bladder or bowel. 6 points
- Needs assistance to be able to manage incontinence of both bladder and bowel. 8 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 5, 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;
- “assistance” means physical intervention by another person and does not include speech;
- “manage incontinence” means manage involuntary evacuation of the bowel or bladder, including use a collecting device or self-catheterisation, and clean oneself afterwards;
- “prompting” means reminding, encouraging or explaining by another person;
- “supervision” means the continuous presence of another person for the purpose of ensuring [the claimant's] safety;
- “toilet needs” means - (a) getting on and off an unadapted toilet; (b) evacuating the bladder and bowel; and (c) cleaning oneself afterwards.
- “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 5 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 5 for ADP – managing toilet needs or incontinence.
Case law
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Tribunal erred in failing to make sufficient findings of fact about the steps needed and the time taken by the appellant to manage his double incontinence in view of the PIP ‘acceptable standard’ and ‘reasonable time’ criteria
- [2024] UKUT 185 (AAC)
- UA-2023-001268-PIP
- MS v Secretary of State for Work and Pensions (PIP)
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Use of ACE procedure to evacuate the bowels amounts to managing incontinence / Use of word ‘including’ means procedure is not precluded under descriptor 5e
- [2024] NICom 52
- CO18/24-25 (PIP)
- EK v Department for Communities (PIP)
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Tribunal failed to make sufficient findings of fact in relation to its conclusion that claimant could change stoma bag while sitting down
- [2024] NICom 46
- C14/24-24 (PIP)
- SH v Department for Communities
- Importance of identifying ‘impaired function’ to properly apply the definition of ‘aid or appliance’
- [2019] UKUT 320 (AAC)
- CPIP/623/2019
- DA v Secretary of State for Work and Pensions (PIP)
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Fan heater, hair dryer and hot water tap used to ease symptoms of peripheral neuropathy counted as aids in relation to Activity 5 ‘Managing toilet needs or incontinence’
- [2019] UKUT 186 (AAC)
- CPIP/2574/2018
- RB v Secretary of State for Work and Pensions (PIP)
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A reasonable need to use incontinence pads at night, whether used as a precautionary measure or not used at all, may be enough to satisfy descriptor 5b
- [2018] UKUT 78 (AAC)
- CPIP/3104/2017
- KO v Secretary of State for Work and Pensions (PIP)
- Grab rails constitute an aid or appliance
- [2017] UKUT 375 (AAC)
- CPIP/3872/2016
- FK v Secretary of State for Work and Pensions (PIP)
- Precautionary use of incontinence pads can help satisfy the 50 per cent test in regulation 7
- [2017] UKUT 258 (AAC)
- CPIP/387/2017
- Secretary of State for Work and Pensions v NH (PIP)
- Assistance to self-catheterise by itself does not amount to therapy for the purposes of activity 3
- [2017] UKUT 104 (AAC)
- Reported as [2017] AACR 31
- CPIP/3404/2016
- AS v Secretary of State for Work and Pensions (PIP)
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Commode can be an aid to manage incontinence, and impaired mobility may be relevant to issue of whether a claimant needs to use one
- [2017] UKUT 54 (AAC)
- CPIP/449/2016
- KW v Secretary of State for Work and Pensions (PIP)
- Incontinence pads are an ‘aid or appliance’ for managing incontinence in activity 5
- [2016] UKUT 456 (AAC)
- CPIP/2908/2015
- BS v Secretary of State for Work and Pensions (PIP)
- Colostomy bag is an ‘aid or appliance’ for managing incontinence in activity 5
- [2016] UKUT 296 (AAC)
- UK/5352/2014
- JM v Secretary of State for Work and Pensions (PIP)
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A biscuit tin is not an aid or appliance for managing medication / Need for assistance to dress is not relevant for activity 5 (managing toilet needs)
- [2016] UKUT 256 (AAC)
- CSPIP/666/2014
- AK v Secretary of State for Work and Pensions (PIP)
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Only one or more, as opposed to all, of the three elements of the definition of ‘toilet needs’ has to be met / Brush or shower head used for cleaning body can be an aid or appliance
- [2015] UKUT 570 (AAC)
- CPIP/1787/2015
- GW v Secretary of State for Work and Pensions
- Interpretation of descriptor 5 (toilet needs) and overlap with descriptor 3 (managing therapy)
- [2015] UKUT 554 (AAC)
- Reported as [2016] AACR 20
- CPIP/1679/2015
- MF v Secretary of State for Work and Pensions
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Help with dressing and undressing does not count in assessing need for help with toileting or incontinence / Adequacy of reasons for not accepting claimant’s evidence
- [2015] UKUT 498 (AAC)
- CPIP/1739/2015
- GP v Secretary of State for Work and Pensions