PIP eligibility with fluctuating condition

Yes, you can get Personal Independence Payment even if your condition fluctuates from day to day. In fact, the PIP assessment is specifically designed to account for fluctuating conditions, and this is one of the areas where PIP differs from some older benefits.

How fluctuating conditions are assessed:

The legal test looks at whether you can carry out each activity reliably. "Reliably" means safely, to an acceptable standard, repeatedly, and within a reasonable time period. This is set out in regulation 4 of the Social Security (Personal Independence Payment) Regulations 2013.

If you cannot perform an activity reliably for the majority of the time, meaning more than 50 per cent of the days in the relevant period, you should be scored on the basis that you cannot do it. So if on more days than not you struggle with, say, preparing food or mobilising, that difficulty should be reflected in your score even if you have some better days.

Practical points to bear in mind:

1. Keep a diary or log of your good and bad days over a period of weeks. Note what you can and cannot do on each type of day, how long tasks take, and any help you need.

2. When completing the PIP form (the "How your disability affects you" questionnaire), describe your worst days clearly but also explain the pattern of variation. Do not just describe your best days or your worst days in isolation.

3. Explain the consequences of attempting activities on bad days, for example pain the following day, fatigue, risk of falls, or needing to rest afterwards.

4. Get supporting evidence from your GP, consultant, or other health professionals that specifically mentions the fluctuating nature of your condition. A letter that says "this person's condition varies significantly from day to day" is far more useful than one that simply confirms your diagnosis.

5. At any face-to-face or telephone assessment, be honest about the range of your ability. Assessors are trained to apply the 50 per cent rule, but in practice many claimants undersell their difficulties by focusing on what they can do on a good day. You are entitled to explain the full picture.

Common pitfalls:

The most frequent problem with fluctuating conditions is that the assessor observes you on a single occasion, which may be a relatively good day, and then scores you as though that represents your usual ability. If this happens, it is a strong ground for requesting a mandatory reconsideration and, if necessary, appealing to the First-tier Tribunal. Tribunals are generally well attuned to fluctuating conditions and will want to hear detailed evidence about the pattern and frequency of your difficulties.

The Upper Tribunal has confirmed in case law that the descriptor that applies for the majority of the time is the one that should be used, reinforcing the 50 per cent approach.

If you have already been refused or given a lower award than you expected, and you believe the assessor did not properly account for your fluctuating condition, that is worth challenging through the mandatory reconsideration process and then, if needed, an appeal.