WCA50 Form, Getting Around Safely

Hi Tina

There is information regarding the WCA and hearing loss in the BenefitsandWork guide (www.benefitsandwork.co.uk/?dlp=69c3c2df9e833):-
P.76 "Also consider
If you have difficulties getting around outdoors because of a hearing or sight impairment, you
may also score points under ‘Navigating and maintaining safety’. If you have tinnitus
alongside hearing loss, you may also score points on some of the mental, cognitive and
intellectual descriptors due to restricted concentration. "
There is case law relating to hearing loss as follows :-
2. Key Case Law: UA-2024-000097-ULCW (Recent 2024/25 Ruling)
This is a critical recent Upper Tribunal case specifically regarding hearing loss and this descriptor.

The Issue: The claimant had severe hearing loss and argued he was at significant risk when walking on pavements because he could not hear cyclists or e-scooters approaching from behind. He also struggled to safely judge traffic when crossing roads.

The Ruling: The Judge clarified that the activity "Navigation and maintaining safety" is a single, integrated test. You cannot "navigate" if you cannot "maintain safety."

Impact: The tribunal must consider not just if you can "find your way," but if you can do so safely and reliably. If you cannot hear a silent vehicle or an emergency siren, you may satisfy the requirement for being "accompanied by another person" to maintain that safety.

3. Case Law on "Safely and Reliably": [2017] UKUT 105 (AAC)
While often cited in PIP cases, this principle is "cross-pollinated" into WCA.

The Principle: To perform a task, you must be able to do it safely.

Deafness Application: If a deaf person crosses a road but does so at a "non-trivial risk" because they cannot hear an approaching car that is out of their line of sight (e.g., around a bend), they are not crossing "safely."

The "Severity of Consequence" Rule: The courts have ruled that "safety" is not just about the likelihood of an accident, but the severity of what would happen if one occurred. Since being hit by a car is life-threatening, the safety threshold for a deaf person is high.

4. Comparison with Activity 7 (Understanding Communication)
Case law like [2015] UKUT 445 (AAC) establishes that sensory impairments (deafness) are assessed across multiple descriptors.

If you cannot "Get around safely" (Activity 8) because you cannot hear hazards, you likely also score 15 points in Activity 7 (Understanding Communication) because you cannot hear a "simple message" like a hazard warning or a fire alarm from a stranger.

The "Aids" Rule: You must be assessed using any aids you "normally use" (like hearing aids). If you still cannot hear a hazard while wearing your aids, you score the points.

David