Actvity 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 is satisfied if a claimant cannot move more than 50 metres safely and repeatedly on level ground without needing to stop, taking account of the use of aids such as a manual wheelchair, crutches or walking stick which are normally or could reasonably be used.
Descriptor
The descriptor relating to Activity 1 is -
Cannot either: (a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
Sources:
- Schedule 3 to the Employment and Support Allowance Regulations 2008 (SI.No.794/2008) and Schedule 3 to SR.No.280/2008 in Northern Ireland (apply to income-related and old-style contributory ESA).
- Schedule 3 to the Employment and Support Allowance Regulations 2013 (SI.No.379/2013) and Schedule 3 to SR.No.219/2016 in Northern Ireland (apply to new-style contributory ESA).
- Schedule 7 to the Universal Credit Regulations 2013 (SI.No.376/2013) and Schedule 7 to SR.No.216/2016 in Northern Ireland (apply to universal credit).
See also section 2.3.1.1 of the DWP’s Work Capability Assessment handbook: for healthcare professionals.
Case law
Commentary: The reported decision [2015] AACR 5 is made by a three-judge panel and 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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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
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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
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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
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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
- There is no distinction between a pause and a stop for purposes of the ESA ‘mobilising’ descriptors
- [2014] UKUT 471 (AAC)
- CE/1690/2014
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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
- Double test of mobilising and mobilising repeatedly / level of ‘risk’ of incontinence
- [2014] UKUT 126 (AAC)
- CE/2490/203
- Double test of mobilising and mobilising repeatedly
- [2014] UKUT 72 (AAC)
- CE/2293/2013
- 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