The lower rate of the mobilitycomponent is given to those people who can walk and can manage to get around in places that are familiar to them but who would need guidance most of the time in new or unfamiliar places.
Definitions
Guidance
means help by either leading you or giving
you directions
It doesn't matter whether the guidance is physical or verbal, what counts is that you need help from someone else
People who are blind and/or deaf are likely to qualify if they need this kind of guidance in new or unfamiliar places
It is less certain whether those people who are prone to fits or panic attacks will qualify, you should apply if you can show that you are unable to get around in unfamiliar places most of the time without help from someone else
The DWP will disregard any ability you may have to walk in familiar areas- the criteria rests only on your ability to get around in unfamiliar places
You do not need to require guidance every single time- most of the time still meets the criteria for the lower rate.
Your need for guidance should be directly related to your inability to walk in unfamiliar places in a 1999 decision Commissioner Howell stated-
For my part, I would doubt whether even under s. 73(1)(d) simpliciter, the kind of guidance and supervision within the statutory intendment can extend much beyond what is concerned with enabling the disabled person to carry out the actual business of walking and to make rational progress on foot without getting disoriented, colliding with things or other people, or stepping accidentally into physical danger....... I agree with Mr James that the guidance or supervision must be of the kind needed to remove an inability on the part of the claimant to take advantage of the faculty of walking out of doors.
(ref CDLA 835/97- emphasis added)
The Decision makers' Guide states-
The DM should consider all of the following points
1. what the person accompanying the disabled person does or would do
2. the person must be able to walk, but has to have a mental or physical disability which limits their ability to take advantage of walking
3. the severity of the disability is tested by whether the person needs guidance or supervision
4. the person's ability to use familiar routes is disregarded
5. people cannot satisfy the "guidance or supervision" test if they cannot take advantage to the ability to walk even with guidance or supervision
6. the person does not have to need the guidance or supervision all the time when walking out of doors; the test is satisfied if the guidance or supervision is needed most of the time when walking out of doors
7. taking advantage of the ability to walk is a question of fact for the DM or AT to determine
8. no account can be taken of any guidance or supervision that the person chooses to have, which is not actually needed
9. the guidance or supervision must be required
9.1 as a result of the effects of the person's disability and
9.2 to enable that person to take advantage of walking out of doors.
