The Scottish government has launched a consultation on the mobility component of its ‘most complex’ payment delivered by Social Security Scotland.

Scotland’s leading charity supporting people living with Multiple Sclerosis is urging people respond to a public consultation on the mobility component of its ‘most complex’ devolved benefit – particularly to challenge the ‘20 metre rule’.

Ahead of its full independent review Adult Disability Payment, due to commence later this year, the Scottish government committed to review mobility eligibility criteria.

The ‘20 metre rule’ sees those able to walk unaided for more than 20 metres considered for a lower level of support than those who can walk less – a threshold which MS Society Scotland says is an ‘unacceptable’ means of assessing mobility.

Director of the charity, Morna Simpkins, is calling for people to show the government why it needs to “urgently update the mobility component” of ADP:

“The 20 metre rule is an unfair and unacceptable method of assessment. It punishes people with fluctuating health conditions such as MS, which is unpredictable and different for everyone. 

“The Scottish government has an opportunity to build a world-leading social security system that gives disabled people in Scotland, including the 15,000-plus living with MS, fair access to the benefits they need and deserve. Currently the 20-metre rule is stopping that happening.”

The Scottish government itself acknowledges concerns around the ‘20m rule’ as central to this consultation. The consultation states:

‘Some health conditions may potentially be difficult to assess against a specific distance, either because they are a progressive condition or because the person’s condition may vary. This could include conditions such as asthma, heart disease, or multiple sclerosis.’

A 2019 consultation on disability assistance already heard from people that the threshold between payment levels should be changed from 20m to 50m, as 20m was seen as too limited a distance. Additionally, people stated that the 20m was ‘designed to reduce peoples’ benefits or prevent them leading a full quality life’.

Catriona Halket, 65, has secondary progressive MS and has been experiencing symptoms for over two decades. She receives the enhanced rate for the mobility component of Personal Independence and is concerned about the 20m rule continuing into ADP. Although her transfer from PIP is not yet complete, she questions the effectiveness of the 20m rule, worried that it challenges her independence:

“Where does 20 metres get you? I could maybe get out of my garden gate but I couldn’t go anywhere, there’s nothing within reach.

“Although I live in Glasgow, there are no shops I could reach, I couldn’t reach a bus stop even if I could get on a bus. I couldn’t get to the doctor or a dentist. You’ve got to get somebody to take you or get a taxi if you want to do anything or go anywhere.”

Research suggests the mobility criteria may also deter people from undertaking activity that could benefit their health and wellbeing due to the fear of losing entitlement.

Responding to a 2020 survey, two in five people said fear of benefit withdrawal prevented them from being more active.

In its consultation, the government quotes another study in which 47% of respondents were fearful of losing benefits if they are seen to be more active, with more than half of those surveyed (55%) saying they were more likely to be active if their benefits of not at risk of withdrawal.

The Scottish government has stated that assessments for Adult Disability Payment start by “trusting what people tell us”, with advice services available by phone, online and in-person.

Unlike the benefit it is to replace, Personal Independence Payment, Adult Disability Payment's appeals process will include short-term financial assistance for anyone challenging a decision regarding their eligibility. The Scottish government is also funding an independent advocacy service to support people throughout the application process.

Social Security and Local Government Minister, Ben Macpherson, said:

“People have placed a great deal of trust in us to deliver that [Scotland’s social security] system. It is therefore important that we work collaboratively to identify opportunities, understand any potential unintended consequences and be transparent about how we can address those.”

Adult Disability Payment opened for new applications across Scotland in August 2022 and is set to support more than 51,000 people by 2025.

The consultation on the mobility element will close on the 25th of April 2023, with a series of engagement events set to be held online and in-person to collect more views.

Read more:“Significant and lasting” change on poverty?; Money matters for poverty and health in Scotland; Voices of disabled key to policy development

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