§ Maria EagleTo ask the Secretary of State for Social Security what action he proposes to take following the recent decision (reference number: C.DLA/714/1998) of a tribunal of Social Security Commissioners in relation to the lower rate mobility component of Disability Living Allowance; and if he will make a statement.[138882]
§ Mr. BayleyThe decision, which we generally welcome, should help to achieve more consistency in decision making on entitlement to the lower rate mobility component. However, a part of the decision, which relates to a disabled person's fear or anxiety while out of doors, goes beyond what Parliament intended. That part of the decision proceeds on the assumption that a person may, for the purpose of entitlement to disability benefit, be 711W considered to be incapable of doing something even though he is physically and mentally capable of doing it, but chooses not to do so.
We are, therefore, considering scope for the introduction of amending regulations which would, subject to parliamentary approval, restore and clarify the original policy intention. However, it would not be our intention that any amendment would affect the legitimate conditions of entitlement to the lower rate mobility component, which would allow those people disabled by serious mental conditions, such as agoraphobia, to remain potentially eligible for benefit.