mobility component
📖 What is mobility component? Meaning and definition
The mobility component is a specific element within UK disability benefits like Disability Living Allowance (DLA) and Personal Independence Payment (PIP). It is intended to provide financial support to individuals who face challenges with mobility due to their health conditions or disabilities. Entitlement to this component, and its rate (e.g., higher rate), depends on meeting specific criteria set out in regulations.
For DLA, the mobility component can be awarded through various routes, including the 'severe mental impairment' (SMI) route. This route involves assessing whether an individual, such as a child, has a severe mental impairment that leads to severe behavioural problems, or a state of arrested or incomplete physical development of the brain. Decisions regarding entitlement often involve detailed consideration of medical evidence and how the condition impacts the individual's ability to get around.
Appeals concerning the mobility component are common, with cases often reaching the Upper Tribunal. These appeals might challenge decisions made by the Secretary of State or the First-tier Tribunal regarding whether a claimant meets the eligibility criteria, such as the 'severe behavioural problems' test within the SMI rules. The Upper Tribunal may set aside previous decisions if there has been an error of law and, in some instances, re-make the decision to award the mobility component.
For Personal Independence Payment (PIP), the mobility component is also a key part of the benefit. Claims for PIP involve an assessment, often conducted by a healthcare professional, to determine the level of support needed for both daily living and mobility. If a decision regarding the PIP mobility component is disputed, it can also be subject to appeal through the tribunal system.
📋 Requirements
- Suffering from a state of arrested development or incomplete physical development of the brain (for DLA)
- Meeting the 'severe mental impairment' (SMI) criteria, which may include 'severe behavioural problems' (for DLA)
- Having a health condition or disability that affects the ability to get around (for PIP)
📝 Procedure
- Claimant makes a claim for the relevant disability benefit (e.g., DLA or PIP)
- Claimant is assessed, potentially by a healthcare professional (for PIP)
- Secretary of State's decision maker makes a decision on entitlement to the mobility component
- If dissatisfied, the claimant can appeal the decision to the First-tier Tribunal
- If an error of law is found, the case may be appealed to the Upper Tribunal, which can set aside or re-make the decision
💡 Examples
- A child with ADHD might be awarded the higher rate of the mobility component of Disability Living Allowance if their condition is considered a state of arrested development of the brain under specific regulations.
- An individual appealing a decision might argue that their severe mental impairment leads to severe behavioural problems, thus qualifying them for the higher rate DLA mobility component under the SMI rules.
- A claimant with anxiety and depressive disorders, alongside a physical condition like carpal tunnel, might make a claim for the mobility component of Personal Independence Payment.
- The Upper Tribunal might allow an appeal and award the higher rate mobility component after finding that the First-tier Tribunal did not adequately explain why a claimant did not meet the severe mental impairment rules.
📚 Legal basis
- Social Security and Benefits Act 1992
- Disability Living Allowance Regulations 1991
- Tribunals, Courts and Enforcement Act 2007
❓ Frequently asked questions
What is the difference between the DLA and PIP mobility components?
The DLA mobility component is for individuals under 16, or those who claimed DLA before PIP was introduced. The PIP mobility component is for adults aged 16 to State Pension age. Both aim to help with mobility costs, but their eligibility criteria and assessment processes differ.
Can I get the higher rate mobility component for a mental health condition?
Yes, based on the severe mental impairment (SMI) route for Disability Living Allowance, a mental health condition leading to severe behavioural problems or arrested development of the brain can qualify you for the higher rate mobility component.
What happens if my claim for the mobility component is refused?
If your claim for the mobility component is refused, you can appeal the decision. This typically involves asking for a mandatory reconsideration, and if still dissatisfied, appealing to the First-tier Tribunal, and potentially to the Upper Tribunal if there's an error of law.
Do I need a diagnosis of a specific condition to get the mobility component?
While a diagnosis is important, entitlement to the mobility component depends on how your condition affects your ability to get around, rather than just the diagnosis itself. For DLA, specific criteria like 'severe mental impairment' or 'arrested development of the brain' are key.
What does 'severe behavioural problems' mean in relation to the DLA mobility component?
In the context of the DLA mobility component, 'severe behavioural problems' refers to difficulties arising from a severe mental impairment that significantly impact an individual's ability to move around safely and independently, often requiring supervision.