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.
Note: in Autumn 2023, the Conservative Government launched a consultation on reform of the work capability assessment including proposals to either remove the LCWRA mobilising activity or replace 50 metres with 20 metres for both descriptors within the activity. In its November 2023 response to the consultation, the government confirmed that it will remove the LCWRA mobilising activity, with this and other changes to the work capability assessment to be implemented for new claims for universal credit and ESA from September 2025 onwards.
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
- SG 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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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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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)
- Double test of mobilising and mobilising repeatedly
- [2014] UKUT 72 (AAC)
- CE/2293/2013
- HD 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