Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what the legal basis is for the requirement that a Personal Independence Payment claimant must have fluctuating symptoms present for 50% of a month to receive financial support.

Regulation 7 of the PIP 2013 regulations sets out the legal requirements relating to assessments for those with a fluctuating condition; this is reflected in the PIP Assessment Guide.

For each activity, if a descriptor applies on more than 50 per cent of the days in a 12-month period, that descriptor should be chosen. In general, health professionals should record function over an average year for conditions that fluctuate over months, per week for conditions that fluctuate by the day, and by the day for conditions that vary over a day.