Child Disability Payment decision making guide

Can the individual be described as virtually unable to walk?

Virtually unable to walk means: "unable to walk to any appreciable extent or practically unable to walk" considering the:

  • speed the individual is able to walk
  • manner of walking
  • time taken to walk a particular distance
  • distance the individual can walk

without beginning to experience severe discomfort (COP regs, reg.13(2)(a)(ii)).

Each case should be considered on its own facts taking into account the other elements set out below. It may be said that if an individual is able to walk 80 - 100 metres at an average speed, in a reasonable manner, without severe discomfort they are unlikely to meet the test of being virtually unable to walk.

It is important to note that the individual's ability to walk before beginning to experience severe discomfort is relevant.

Distance

There is no fixed distance an individual should not be able to walk beyond to satisfy the test of being virtually unable to walk.

Severe discomfort

It is important to note that severe discomfort is not the same as severe pain. Mild to moderate pain may amount to severe discomfort, depending on its nature. Discomfort can come from, but is not limited to:

  • fatigue
  • breathlessness
  • pain
  • tingling and similar sensations
  • spasms and similar unintended movements
  • dizziness, vertigo and similar sensations

Severe discomfort can begin as soon as the individual starts walking. In these cases, the case manager can determine that the individual meets the test of being virtually unable to walk.

Many individuals will begin to experience discomfort at some stage when walking. Case managers should consider at what point, considering time taken and distance, that the individual begins to experience severe discomfort.

The individual does not have to stop walking due to the discomfort as soon as it becomes significant. However, the need to stop walking due to discomfort will be an indication that it is significant.

Case managers should consider the impact of the individual's condition both when walking and for a time after walking. An individual who:

  • can walk for five minutes at a reasonable pace
  • but could not repeat this within a reasonable amount of time

may be said to meet the test of being virtually unable to walk.

Relevance of stops

Individuals may describe having to stop at various intervals while walking. If so, case managers should consider the impact this has on the distance the individual can walk without experiencing severe discomfort. It is important to remember that if an individual both:

  • needs to stop walking due to severe discomfort
  • is unable to continue

their walking ability should only be considered up until the onset of severe discomfort.

Individuals may recover sufficiently after a stop to continue walking without severe discomfort. In these cases, any further distance they can walk is relevant to considering their mobility.

Factors to take into account to decide if the individual is virtually unable to walk are (COP regs, reg.13(2)(a)(ii)):

  • the distance an individual can walk before needing to stop
  • the length of time they need to stop
  • the frequency of their need to stop
  • the distance they can walk between each stop

The time, speed and manner of walking, discussed below, should be considered.

Time

The length of time an individual can walk for without severe discomfort is another factor to consider. It is something about which individuals applying for CDP may be more likely to be able to provide information. As with distance, there are no fixed parameters on time relating to the virtually unable to walk test. Each application should be considered on its own facts.

Speed

It is possible to estimate an individual's walking speed if both length of time and distance an individual can walk for are available. The speed an individual can walk at should be considered in relation to the average speed at which a child or young person their age walks. Parents may often describe their child's pace of walking in relation to their siblings or peers.

Case managers should consider if the child or young person walks noticeably slower than other children of a similar age, in that they consistently walk at a slower pace behind or others have to adapt to the child's pace when walking with them. The time it takes an individual to cover a distance can also be considered. If the individual is only able to walk at around half the speed of their peers or it takes them twice as long to cover a distance, it is likely the individual is virtually unable to walk.

Manner of walking

Manner of walking relates to how an individual walks. It includes consideration of walking that may be described as one of more of:

  • limping
  • shuffling
  • tripping and falling

This list is not exhaustive.

Case managers should consider factors such as:

  • if the individual experiences uncontrollable movements or tremors
  • if walking requires significant physical exertion. This might include breathlessness, dizziness, nausea and exhaustion

Risk of falls

It is relevant to take into account an increased risk of falling when considering manner of walking. Case managers should decide if the risk of falling means the individual is virtually unable to walk.

Case managers should consider:

  • likelihood of falling
  • how predictable the falls are
  • if anything can reasonably be done to avoid the risk of falls
  • the frequency of falls
  • the chances of serious injury arising from a fall

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