On 18/05/2012 included in a post about failing a medical "justinS" wrote "I have lost all my points for mobility because I have a mobility scooter."

See:- Just failed my medical.

Could someone please explain how having a mobility scooter causes the loss of all mobility points?

Hi Brian

I am afraid that Justin did not elaborate on why he felt this was the case!

Whilst he was not clear on the benefit he was claiming, the fact that he attended a medical suggests it was ESA.

It is possible he was referring to the ESA descriptor for mobilising, however, it is quite specific in including a manual wheelchair as part of the test, not a motorised one.

Without his explaining in more detail what he was referring to and more importanly why, anything further would be guesswork

Gordon

brian38 wrote:
The use of a mobility scooter should not have a negative impact on entitlement to ESA or DLA.

Indeed, a mobility scooter may very well indicate (severe) difficulties with both walking and mobilisation, and as such may actually reinforce the case of an award of ESA and/or DLA.

The above post came via the "report to moderator" facility. Although under normal circumstances posts submitted in this way would be automatically deleted, the post does raise an issue of importance so on this occasion I consider that it merits a reply.

The mobility component of DLA is determined by Section 73(1)(a) et seq. of the Social Security Contributions and Benefits Act 1992. See:-

Social Security Contributions and Benefits Act 1992.

This states that:-

"Subject to the provisions of this Act, a person shall be entitled to the mobility component of a disability living allowance for any period in which he is over the age of 5 and throughout which—

(a) he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so.

I can find nothing in the DLA regulations that has repealed this longstanding piece of legislation to the effect that a mobility scooter or any other artificial aid such as crutches or a wheelchair, would ordinarily preclude a claimant from satisfying this section of the regulations.

It is generally accepted that DLA decision makers can take into account artificial aids and appliances in determining entitlement to components of the allowance, but it is also well established that items such as crutches and wheelchairs cannot in themselves be classed as substitutes for walking without taking into account the full circumstances of an individual claim. If artificial aids or appliances were taken into account without reference to the merits of the claim, a significant number of claimants would never qualify for the allowance, which in reality is certainly not the case.

For completeness, it should be noted that DLA claims are not decided on a points basis as indicated by the member in the above quote.

Insofar as Employment and Support Allowance (ESA) is concerned, this is of course is based on a points system. The definitive guide as issued by the DWP is Memo DMG 24/12 ESA: Use of Aids and Appliances, which is more arbitrary with regards to the use of these devices in qualifying for the allowance. However, it is by no means a foregone conclusion that a claimant could not meet the conditions of entitlement for ESA in the circumstances as described.