Use of A Mobility Scooter In ESA Mobilising

Forgive me if this has been asked before.

This morning, I visited the local CAB for help with my appeal. The advisor informed me that as a part of making it almost impossible to be declared unfit for work, a recent Commissioners' decision meant that ability to use a mobility scooter was now considered in the ESA mobilising descriptor.

Is this true? I thought that mobility scooters were excluded from mobilising.

YT

YoursTruly wrote:

Forgive me if this has been asked before.

This morning, I visited the local CAB for help with my appeal. The advisor informed me that as a part of making it almost impossible to be declared unfit for work, a recent Commissioners' decision meant that ability to use a mobility scooter was now considered in the ESA mobilising descriptor.

Is this true? I thought that mobility scooters were excluded from mobilising.

YT

Hi YT,

This is incorrect.

Only the use of a MANUAL wheelchair UNAIDED by another person is relevant in the mobilising descriptors.

There are even strong arguments that can be voiced on this, also.

See ESA Mobilising Descriptors for WRAG (LCW) :


www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

&

Support Group (LCWRA), here :


www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

Many thanks.

It had me really worried. I had used a Shopmobility scooter to visit the CAB, and my inability to mobilise is one of the main grounds for my appeal. Even using a scooter, I am often exhausted when using it just for a short period.

YT

bro58 wrote:

YoursTruly wrote:

Forgive me if this has been asked before.

This morning, I visited the local CAB for help with my appeal. The advisor informed me that as a part of making it almost impossible to be declared unfit for work, a recent Commissioners' decision meant that ability to use a mobility scooter was now considered in the ESA mobilising descriptor.

Is this true? I thought that mobility scooters were excluded from mobilising.

YT

Hi YT,

This is incorrect.

Only the use of a MANUAL wheelchair UNAIDED by another person is relevant in the mobilising descriptors.

There are even strong arguments that can be voiced on this, also.

See ESA Mobilising Descriptors for WRAG (LCW) :


www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

&

Support Group (LCWRA), here :


www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

Hi YT,

Just to add to the above, I would ask the "Adviser" to cite the reference number of the Upper Tier ruling that he is refering to.

If he is giving out incorrect information, he needs reporting to his line manager.

bro58

Hi YT,

You may find this Decision Makers Guide on "ESA : USE OF AIDS AND APPLIANCES" helpful, as well. :

www.dwp.gov.uk/docs/m-24-12.pdf

bro58

Many thanks, bro58.

I shall look at the documents that you have suggested. A brief search on bailii.org produced only 3 or 4 results with the keyword 'mobilise' all of which predate ESA. Ditto for 'scooter'. When I next see the adviser, I shall ask him for reference number, as you suggest.

YT