Activity 1: Mobilising
Activity 1 is defined in regulations as -
Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be, worn or used.
Activity 1 assesses the ability to move around and to use steps - points are awarded depending on how far a claimant can move safely and repeatedly on level ground without needing to stop - including the use of aids such as a manual wheelchair, crutches or walking stick which are normally or could reasonably be used. The activity also assesses the ability to go up or down two steps without the help of another person.
Note: in Autumn 2023, the Conservative Government launched a consultation on reform of the work capability assessment including proposals to either remove the LCW mobilising activity or reduce the points awarded for its descriptors. However in its November 2023 response to the consultation, the government confirmed that it will not change the LCW mobilising activity or descriptors.
Descriptors
The descriptors that relate to Activity 1 are -
- Cannot, unaided by another person, either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. 15 points
- Cannot, unaided by another person, mount or descend two steps even with the support of a handrail. 9 points
- Cannot, unaided by another person, either: (i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. 9 points
- Cannot, unaided by another person, either: (i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. 6 points
- None of the above applies. 0 points
Sources:
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) and Part 1 of Schedule 2 to SR.No.280/2008 in Northern Ireland (apply to income-related and old-style contributory ESA).
- Part 1 of Schedule 2 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) and Part 1 of Schedule 2 to SR.No.219/2016 in Northern Ireland (apply to new-style contributory ESA).
- Part 1 of Schedule 6 to the Universal Credit Regulations 2013 (SI.No.376/2013) and Part 1 of Schedule 6 to SR.No.216/2016 in Northern Ireland (apply to universal credit).
See also section 3.2.2 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
Commentary: The reported three-judge panel decision [2015] AACR 5 considers many previous conflicting decisions about the factors to be taken into account in assessing whether it is reasonable for a person to use a wheelchair, and sets out guidance to the application of Activity 1 for claimants who do not normally use manual wheelchairs. | Add commentary or suggest an edit.
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Tribunal’s failure to properly consider ESA regulation 29 by not assesing risk posed by physical health factors during journeys to and from work
- [2018] UKUT 174 (AAC)
- CE/2821/2017
- HT v Secretary of State for Work and Pensions (ESA)
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Assessment of mobilising descriptors based upon use of a wheelchair must be supported by evidence of the distance a claimant can cover
- [2018] UKUT 34 (AAC)
- CE/1585/2017
- SG v Secretary of State for Work and Pensions (ESA)
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What findings of fact or explanations are required if 6 points are awarded under mobilising descriptor 1(d) to explain non-qualification for more points under descriptor 1(c) or 1(a)
- [2017] UKUT 447 (AAC)
- CE/1492/2017
- GZ v Secretary of State for Work and Pensions (ESA)
- Estimates of time taken to cover journeys are relevant when applying the ESA mobilising descriptors
- [2017] UKUT 236 (AAC)
- CE/175/2017
- MM v Secretary of State for Work and Pensions (ESA)
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Ability to ‘mobilise’ in ESA prescribed activity 1, must not take account of use of a powered wheelchair
- [2016] UKUT 472 (AAC)
- [2017] AACR 16
- CE/3205/2015
- WT v Secretary of State for Work and Pensions (ESA)
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Using stairs ‘unaided by another person’ meant without active physical or psychological support in cases before January 2013
- [2016] UKUT 93 (AAC)
- CE/1850/2014
- DJ v Secretary of State for Work and Pensions (ESA)
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Assessment of whether claimant is unable to reach toilet quickly is a notional test / need to assess whether claimant is in severe discomfort when mobilising
- [2015 ] UKUT 370 (AAC)
- CE/4876/2014
- DG v Secretary of State for Work and Pensions (ESA)
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Mobilising with significant discomfort or exhaustion should be disregarded for the purposes of Activity 1
- [2015] UKUT 503 (AAC)
- CE/5661/2014
- GL v Secretary of State for Work and Pensions (ESA)
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Tribunal erred in not taking account of evidence relating to award of the DLA higher rate mobility component in determining her ESA appeal
- [2015] UKUT 358 (AAC)
- CE/3630/2014
- EB v Secretary of State for Work and Pensions (ESA)
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Test of whether a claimant can ‘repeatedly mobilise’ is whether s/he can do so on level ground; ‘Access to Work Scheme’ will not normally fund the purchase of a manual wheelchair
- [2014] UKUT 519 (AAC)
- CE/551/2014
- CS v Secretary of State for Work and Pensions (ESA)
- There is no distinction between a pause and a stop for purposes of the ESA ‘mobilising’ descriptors
- [2014] UKUT 471 (AAC)
- CE/1690/2014
- DB v Secretary of State for Work and Pensions (ESA)
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What factors should be taken into account in assessing whether it is reasonable for a person to use a wheelchair
- [2014] UKUT 308 (AAC)
- Reported as [2015] AACR 5
- CE/327/2013 and CE/509/2013
- SI v Secretary of State for Work and Pensions (ESA)
- Double test of mobilising and mobilising repeatedly / level of ‘risk’ of incontinence
- [2014] UKUT 126 (AAC)
- CE/2490/203
- KB v Secretary of State for Work and Pensions (ESA)
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Whether award of DLA mobility component relevant to ESA mobility test / time taken to walk prescribed distance
- [2014] UKUT 117 (AAC)
- CE/3377/2013
- GC v Secretary of State for Work and Pensions (ESA)
- Double test of mobilising and mobilising repeatedly
- [2014] UKUT 72 (AAC)
- CE/2293/2013
- HD v Secretary of State for Work and Pensions (ESA)
- Ability to ‘repeatedly mobilise….within a reasonable timescale….’ in a work setting
- [2013] UKUT 587 (AAC)
- CE/1470/2013
- AS v Secretary of State for Work and Pensions (ESA)
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Wrong inferences by tribunal about GP’s evidence; panic attacks can result in altered consciousness; whether wheelchair can be reasonably used to mobilise is more than a purely functional test
- [2013] UKUT 504 (AAC)
- CE/869/2013
- BG v Secretary of State for Work and Pensions (ESA)
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Tribunal erred by deciding ESA appeal without considering DLA papers, and not properly assessing whether claimant could use a wheelchair
- [2013] UKUT 447 (AAC)
- CE/108/2013
- MI v Secretary of State for Work and Pensions (ESA)
- Assessing evidence of whether a claimant has limited capability for work-related activity
- [2013] UKUT 118 (AAC)
- Reported as [2013] AACR 32
- CE/1750/2012
- AH v Secretary of State for Work and Pensions
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Use of medical evidence obtained in connection with one benefit in support of claim for a different benefit
- [2009] UKUT 208 (AAC)
- CIB/1639/2009
- LD v Secretary of State for Work and Pensions (ESA)