The Social Security (Disability Living Allowance) Regulations 1991

PART IV MOBILITY COMPONENT

Qualifying period for mobility component after an interval

11.  The period prescribed for the purposes of section 37ZC(9)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the mobility component or to mobility allowance, where that day falls not more than 2 years before the date on which entitlement to the mobility component would begin or would have begun but for any regulations made under section 51(1)(m) of the 1986 Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).

Entitlement to the mobility component

12.—(1) A person is to be taken to satisfy the conditions mentioned in section 37ZC(1)(a) of the Act (unable or virtually unable to walk) only in the following circumstances–

(a) his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to the place of residence or as to place of, or nature of, employment–

(i) he is unable to walk; or

(ii) his ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which he can make progress on foot without severe discomfort, that he is virtually unable to walk; or

(iii) the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health; or

(b) he has both legs amputated at levels which are either through or above the ankle, or he has one leg so amputated and is without the other leg, or is without both legs to the same extent as if it, or they, had been so amputated.

(2) For the purposes of section 37ZC(2)(a) of the Act (mobility component for the blind and deaf) a person is to be taken to satisfy–

(a) the condition that he is blind only where the degree of disablement resulting from the loss of vision amounts to 100 per cent; and

(b) the condition that he is deaf only where the degree of disablement resulting from loss of hearing amounts to not less than 80 per cent on a scale where 100 per cent represents absolute deafness.

(3) For the purposes of section 37ZC(2)(b) of the Act, the conditions are that by reason of the combined effects of the person’s blindness and deafness, he is unable, without the assistance of another person, to walk to any intended or required destination while out of doors.

(4) Except in a case to which paragraph (1)(b) applies, a person is to be taken not to satisfy the conditions mentioned in section 37ZC(1)(a) of the Act if he–

(a) is not unable or virtually unable to walk with a prosthesis or artificial aid which he habitually wears or uses, or

(b) would not be unable or virtually unable to walk if he wore or used a prosthesis or an artificial aid which is suitable in his case.

(5) A person falls within subsection (3)(a) of section 37ZC of the Act (severely mentally impaired) if he suffers from a state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning.

(6) A person falls within subsection (3)(b) of section 37ZC of the Act (severe behavioural problems) if he exhibits disruptive behaviour which–

(a) is extreme,

(b) regularly requires another person to intervene and physically restrain him in order to prevent him causing physical injury to himself or another, or damage to property, and

(c) is so unpredictable that he requires another person to be present and watching over him whenever he is awake.

Invalid Vehicle Scheme

13.  Schedule 2, which relates to the entitlement to mobility component of certain persons eligible for invalid carriages shall have effect.