Eligibility for new applications, for individuals over the relevant age after an interval, that includes the mobility component
There are further rules on awards which include a mobility component for individuals over the relevant age, when they make a new application for Adult Disability Payment (ADP) within one year of a previous award ending. These are as follows:
The individual has a severely limited ability to carry out mobility activities
The individual will be entitled to the enhanced rate only if they were entitled to that rate under their previous award. (ADP regs, reg.23(5)(a))
If the individual was not entitled to the enhanced rate of the mobility component, they’ll be entitled to the standard rate in this instance only if they were entitled to the standard rate of that component under the previous award. (ADP regs, reg. 23(5)(b))
The individual has limited ability to carry out mobility activities
When it’s determined the individual has limited ability to carry out mobility activities, they’ll be entitled to the standard rate of the mobility component only if they were entitled to either rate of mobility component under the previous award.(ADP regs, reg. 23 (6))
The individual has no entitlement to mobility in the previous award
If there is no entitlement to mobility in the previous award, then an individual will not be entitled to receive payment for either rate of the mobility component.
The only exception to this is if there is medical evidence provided in the form of a clinical judgement advising the individual was terminally ill prior to them reaching the relevant age. In instances like these, the individual applying would be entitled to the mobility component at the enhanced rate.(ADP regs, reg.25(5))
Example: an application for ADP award within 1 year of the previous award ending where the previous award did not include the mobility component
Application form
Anna is over the relevant age and was previously entitled to the daily living component at the standard rate. Her award ceased at the end of May, and in the following April, Anna submitted a new Adult Disability Payment (ADP) application.
Case manager’s decision
It was determined that Anna was not entitled to the daily living component at either rate.
The determination also found that Anna had a limited ability to carry out mobility activities because of her condition. However, Anna was not entitled to receive the mobility component at the standard rate either.
Anna is not entitled to the mobility component in this instance because she is over the relevant age, and her previous award did not have an entitlement to the mobility component.
Example: an application for ADP award within 1 year of the previous award ending where the previous award included standard rate mobility
Application form
Gary is over the relevant age and had a previous award for both the mobility and daily living components at the standard rate. His award ended in July, and he submitted a new application in November.
Case manager’s decision
It was determined that Gary was entitled to receive the daily living component at the enhanced rate and the mobility component at the standard rate.
The determination found Gary had severely limited ability to carry out mobility activities. It also found that Gary’s entitlement was because of the same condition that his previous award was. However, Gary is not entitled to receive the mobility component at the enhanced rate because he had not received the enhanced rate as part of his previous award.
Gary is awarded the mobility component at the standard rate because he received this rate in his previous award.
The case manager firstly confirmed Gary met the criteria in the ‘ADP after an interval’ guidance. (Link to ADP DMG chapter After an Interval)
The case manager checked that Gary met the exception for those over the relevant age and that he had a previous award which ended less than a year ago. Because this was the case, the case manager could make an award.