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Mobility Component and the ‘relevant age’
There are different rules with regards to the mobility component for those who are over the ‘relevant age’ on Scottish Adult DLA.
The ‘relevant age’ refers to:
- pensionable age; or
- if higher, 65 (Scottish Adult DLA Regs, Reg. 2)
After an individual has reached the ‘relevant age’, they cannot change – by increase or decrease – the rate of the mobility component that they receive (Scottish Adult DLA Regs, Reg. 7(4)(c) and 8(11)(c) ). For example, someone who is in receipt of the higher rate cannot decrease to receive the lower rate, and someone who is in receipt of the lower cannot increase to the higher. Similarly, if the individual is not in receipt of the mobility component upon reaching the relevant age, they cannot newly qualify for either rate.
This means that individuals must continue to meet the eligibility criteria for the rate which they qualified for prior to reaching the relevant age in order to maintain their entitlement.
The only time where a person can become newly eligible for a rate or component of the mobility component Scottish Adult DLA after reaching the relevant age is where they report that the change occurred before they reached the relevant age.
Example: an individual over the relevant age is in receipt of the higher rate of the mobility component, and no longer meets the criteria
Gregor is 68 years old and has diabetes. He has been in receipt of the higher rate of the mobility component of Scottish Adult DLA since he was 63 years old, when his left leg was amputated below the knee following ulcers in his feet becoming infected. At this time, Gregor was determined to be ‘virtually unable to walk’, as he was unable to weight bear on his right leg due to foot ulcers, resulting in Gregor “swinging through” on his crutches.
Recently, Gregor has received some treatment for the ulcers on his right foot, resulting in him now being able to weight-bear on his right leg. He has also been fitted for a prosthetic on his left leg. With input from physiotherapists, he is able to use his crutches without “swinging through”.
As a result, the case manager determines that he is no longer ‘virtually unable to walk’ and that he is no longer eligible to receive the mobility component of Scottish Adult DLA.
Example: an individual over the relevant age is in receipt of the lower rate of the mobility component, and meets the criteria for the higher rate
Graine was diagnosed with Parkinson’s when she was 62. At the time she was diagnosed, Graine was experiencing difficulty with her balance and coordination, resulting in her being admitted to hospital following a fall three times in a period of 6 months. The case manager awarded the lower rate of the mobility component, as she needed her husband to accompany her when she left the house to supervise her and help her in case she lost balance.
Graine is now 70, and her husband (who is her appointee) reports that for the last 3 months, Graine has been virtually unable to walk. He reports that it takes 3 times as long for her to walk a distance of 50m as it does for him, and that she becomes breathless easily.
The case manager determines that whilst Graine meets the criteria for the higher rate of the mobility component, as the change occurred after she had reached the relevant age, the higher rate cannot be awarded. Graine continues to require supervision when out of the house, so the case manager continues her award of the lower rate.
Example: an individual over the relevant age is not in receipt of either rate of the mobility component, and reports a change of circumstances which occurred before she reached the relevant age
Lesley is nearly 66 and has been experiencing issues with arthritis, affecting her manual dexterity since she was 64 years old. She receives the lower rate of the care component of Scottish Adult DLA.
Lesley’s sister, whom she lives with and who acts as Lesley’s appointee, reports that over the last 12 months, Lesley has required guidance and supervision when she goes out as she cannot navigate unfamiliar routes, and finds it difficult to perceive hazards such as traffic on the roads. Lesley’s sister reports that they have been referred to neurology for assessment, however no diagnosis has yet been made.
The case manager calculates that the reported change occurred when Lesley was aged 64 and 10 months and decides there was good reason for not reporting the change sooner. They therefore make the decision to award the lower rate of the mobility component, as the change occurred before Lesley reached the relevant age.