Exceptions to entitlement to the mobility component
An individual is not entitled to the mobility component of Scottish Adult DLA unless, for most of that period, their physical or mental condition means they are able, from time to time, to benefit from assistance for movement (Scottish Adult DLA regs, reg. 9). This means individuals who could not benefit from help to move around outside are not entitled to the mobility component.
The word “benefit” should be given a wide interpretation. It can include, for example, mental stimulation from being outside.
It would be rare to decide that someone is not eligible solely for this reason. Individuals who are in a coma, or whose condition means that it is unsafe to be moved outdoors would likely not benefit from being outdoors. If the individual has a very severe mental health condition that means they would require a high degree of supervision and intervention to prevent injury to themselves or others would also likely not benefit from being outdoors.
If in doubt, a case manager should consider whether a case discussion would be helpful in making a determination.
Example: an individual unable to move around outdoors because he requires the constant use of a ventilator
Ken is 68 years old and has heart failure. He has been on the waiting list for a heart transplant since he was 64.
This puts Ken at an extremely high risk of life-threatening infection. It is therefore vital that he remains in as sterile an environment as possible until he receives his transplant.
Ken is not entitled to any rate of the mobility component of Scottish Adult DLA. This is because Ken is unable to benefit from assistance for movement as he needs to remain in the sterile environment.