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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- Importance of identifying ‘impaired function’ to properly apply the definition of ‘aid or appliance’
- [2019] UKUT 320 (AAC)
- CPIP/623/2019
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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
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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
- Grab rails constitute an aid or appliance
- [2017] UKUT 375 (AAC)
- CPIP/3872/2016
- Precautionary use of incontinence pads can help satisfy the 50 per cent test in regulation 7
- [2017] UKUT 258 (AAC)
- CPIP/387/2017
- 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
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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
- Incontinence pads are an ‘aid or appliance’ for managing incontinence in activity 5
- [2016] UKUT 456 (AAC)
- CPIP/2908/2015
- Colostomy bag is an ‘aid or appliance’ for managing incontinence in activity 5
- [2016] UKUT 296 (AAC)
- UK/5352/2014
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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
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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
- 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
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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