The Social Security (Disability Living Allowance) Regulations 1991

Entitlement to the mobility component E+W+S

F1 12.—(1) A person is to be taken to satisfy the conditions mentioned in [F2 section 73](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.

[F1 (1A) (a) For the purposes of section 73(1AB)(a) of the Act (mobility component for the severely visually impaired) a person is to be taken to satisfy the condition that he has a severe visual impairment if—

(i) he has visual acuity, with appropriate corrective lenses if necessary, of less than 3/60; or

(ii) he has visual acuity of 3/60 or more, but less than 6/60, with appropriate corrective lenses if necessary, a complete loss of peripheral visual field and a central visual field of no more than 10° in total.

(b) For the purposes of section 73(1AB)(b), the conditions are that he has been certified as severely sight impaired or blind by a consultant ophthalmologist.

(c) In this paragraph—

(i) references to visual acuity are to be read as references to the combined visual acuity of both eyes in cases where a person has both eyes;

(ii) references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale;

(iii) references to visual field are to be read as references to the combined visual field of both eyes in cases where a person has both eyes.]

(2) For the purposes of [F2 section 73](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[F3 when using any artificial aid which he habitually uses or which is suitable in his case] amounts to not less than 80 per cent on a scale where 100 per cent represents absolute deafness.

(3) For the purposes of [F2 section 73](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 [F2 section 73](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 [F2 section 73] 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 [F2 section 73] 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.

[F4 (7) For the purposes of section 73(1)(d) of the Act, a person who is able to walk is to be taken not to satisfy the condition of being so severely disabled physically or mentally that he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time if he does not take advantage of the faculty in such circumstances because of fear or anxiety.

(8) Paragraph (7) shall not apply where the fear or anxiety is—

(a) a symptom of a mental disability; and

(b) so severe as to prevent the person from taking advantage of the faculty in such circumstances.]

Textual Amendments

F1 Reg. 12(1A) inserted (15.10.2010 for specified purposes, 11.4.2011 in so far as not already in force) by The Social Security (Disability Living Allowance) (Amendment) Regulations 2010 (S.I. 2010/1651), regs. 1(2), 2(2)

F2 Words in reg. 12 substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(5)

F3 Words in reg. 12(2)(b) inserted (1.8.94) by S.I. 1994/1779, reg. 3(5), reg 1

F4 Reg. 12(7) - Reg. 12(8) added (8.4.2002) by Social Security (Disability Living Allowance) (Amendment) Regulations 2002 (S.I. 2002/648), regs. 1, 2