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Unable or virtually unable to walk
When considering whether an individual is:
- unable to walk
- virtually unable to walk outdoors, or
- would experience a serious deterioration in their health from the exertion required to walk,
case managers should have regard to the individual’s physical condition as a whole (Scottish Adult DLA regs, reg. 8(2)(a)).
The individual’s disability should have a physical cause.
The individual does not need to have a diagnosed physical condition. For example, there may be cases where there is no supporting information from a professional to confirm that an individual’s disability has a diagnosed physical condition. In these cases, case managers should still consider the individual’s physical condition as a whole, based on the information provided by the individual, as well as any other forms of supporting information.
It can sometimes be difficult to determine whether an individual’s mobility is affected by a physical disability. This happens especially when it manifests as a refusal to walk. In such circumstances the questions to focus on are:
- does the impact on the individual’s disability have a physical cause?
- If so, does the individual’s behaviour affect their ability to walk to such an extent that they can be said to be virtually unable to walk?
Example: an individual is virtually unable to walk
Tyler is 29 and has Down’s syndrome. He is physically able to walk around outdoors but when doing so, he becomes extremely agitated and distressed and refuses to continue walking after only a few paces.
If he is encouraged to keep walking he may walk a short distance further but will often sit on the ground instead. Once on the ground it is very difficult to encourage him to get back up. Tyler can become very upset and his parents report that he will begin biting and hitting himself.
Down’s syndrome is caused by a chromosomal difference which impacts on brain development. It therefore has a physical cause.
The case manager determines that Tyler is virtually unable to walk, as a result of his Down’s syndrome, and is therefore entitled to the higher rate of the mobility component.
For a definition of “virtually unable to walk” please see the section “Can the individual be described as virtually unable to walk?” below.
The individual’s disability may also have a non-physical cause. This means that the physical cause does not need to be the only cause, but case managers must still have regard to the individual’s physical condition as a whole.
An individuals’ inability to walk or virtual inability to walk might also be due to a severe mental impairment or severe behavioural difficulties. You can find more information on this in the Severe Mental Impairment chapter.
Example: an individual’s difficulty with walking has a physical cause
Camil is 35 and has Friedreich's ataxia. This makes walking difficult due to reduced coordination, weak muscle tone and a lack of sensation in Camil’s feet. Camil has since been diagnosed with Wernicke Korsakoff syndrome. This is controlled using medication which causes them significant fatigue and drowsiness. As a result, Camil is only able to walk up to 50 metres at a slow pace and frequently trips or falls.
Although Camil’s mobility is partly affected by a mental health condition, taking account of his physical condition as a whole, the case manager determines that Camil is virtually unable to walk.
The case manager determines Camil is entitled to the higher rate of the mobility component.
The significance of the distance that an individual is able to walk is covered below.
Example: an individual’s difficulty walking does not have a physical cause
Ria is 54 and has severe depression. Ria’s condition causes fatigue which means she is only be able to walk for around ten minutes at a moderate pace before she needs to rest. Ria also has tendonitis in her right ankle that causes mild pain for which she infrequently has to take paracetamol. It does not impact her ability to manage the distance she describes being able to walk.
It is reasonable to conclude that taking account of Ria’s physical condition as a whole, she is not virtually unable to walk.
As Ria’s disability does not have a physical cause, the case manager determines that she is not entitled to the higher rate of the mobility component.
What is meant by walking?
Walking should be given its ordinary meaning: walking means to move by means of an individual’s legs and feet. Using crutches or other mobility aids to provide additional support to one or both legs to bear weight uses alternate legs and so is considered walking.