Told a Commode or Bottle Removes Your Care Needs? How to Respond
One of the most common ways disability benefit claims are wrongly turned down is the line that 'a commode or a bottle means you don't need help with the toilet'. That is not how the law works. This guide explains the principle behind it, for PIP, DLA and Attendance Allowance, and gives you the points to make in a claim, a mandatory reconsideration or an appeal.
- ✓The test is the help you reasonably need, not the bare minimum you could survive on.
- ✓A commode or bottle does not remove your needs if you cannot get one, use it safely, or manage it alone.
- ✓You still score if you need help to transfer, clean yourself, dress, or empty and clean the equipment.
- ✓For PIP, using a commode or bottle is itself an aid that scores points, needing a person scores more.
- ✓Dignity counts: the law does not expect you to manage in an unsafe or undignified way.
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Why the 'just use a commode' argument is wrong
For Attendance Allowance and DLA, the legal test is the help ("attention") you reasonably require in connection with your bodily functions, set out in the Social Security Contributions and Benefits Act 1992. The House of Lords, in Cockburn and Fairey (also reported as Halliday) [1997], confirmed that this is read broadly and looks at the help a person reasonably needs to live, not the least they could get away with.
So a decision-maker cannot simply say "there is a commode, therefore no help is needed". The question is whether, even with a commode or bottle, you still reasonably need a person's help, and very often you do.
The Claim Companion walks you through it step by step, works out the points you should score, and prepares your document ready to send.
The points to make back
A commode, bottle or pad does not remove your need for help if any of these apply:
- ✓You cannot obtain or afford the equipment, or there is nowhere safe to keep it.
- ✓You cannot use it safely, or you cannot transfer on and off it without help or risk of falling.
- ✓You still need someone to help you clean yourself, or to dress and undress afterwards.
- ✓You cannot empty and clean it yourself, and for hygiene that must be done at once, which is itself attention in connection with a bodily function.
- ✓You need to get to a sink to wash, which you cannot manage alone.
- ✓Using it takes away your dignity or privacy (for example in a shared room), which the law does not require you to accept.
How it works for PIP
PIP scores "Managing toilet needs or incontinence" (Activity 5) by descriptor:
- ✓Needing to use an aid or appliance such as a commode, bottle, raised seat or frame scores 2 points in its own right, doing it 'unaided' means without any aid or help.
- ✓Needing another person to help you manage toilet needs scores 4 points.
- ✓Needing help to manage incontinence of bladder or bowel scores 6 or 8 points.
- ✓So 'you have a commode' does not mean zero points, at most it points to the aid descriptor, and if you also need a person you score more.
Putting it in a claim or appeal
- ✓Describe exactly what happens when you use the toilet or a commode on a bad day, step by step.
- ✓Spell out every part you need help with: getting there, transferring, cleaning, dressing, and dealing with the equipment afterwards.
- ✓Explain any risk, falls, pain, or the effect on your dignity, and how often this happens.
- ✓If an assessment report relied on the commode point, name it as a specific ground in your mandatory reconsideration.
Our free assistant, or the paid Claim Companion, can help you set this out for PIP, Attendance Allowance or DLA.
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
Can I be refused PIP or Attendance Allowance because I have a commode?
Not just because you have one. The test is the help you reasonably need. If you still need someone to help you transfer, clean yourself, dress, or empty and clean the commode, that help counts. For PIP, using a commode or bottle is an aid that scores points in itself, and needing a person scores more.
Does emptying a commode count as a care need?
It can. Where the commode has to be emptied and cleaned straight away for hygiene, and you cannot do it yourself, that is attention in connection with a bodily function and supports a DLA or Attendance Allowance care need. Describe that you cannot manage it alone and why.
What law says a commode doesn't remove my needs?
The right to the help you reasonably require comes from the Social Security Contributions and Benefits Act 1992. The House of Lords in Cockburn and Fairey (Halliday) [1997] confirmed that 'attention in connection with bodily functions' is read broadly and based on reasonable need, not the least a person could manage with.
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