Chamber and committees

Petitioner submission of 2 September 2021

PE1854/B: Review the adult disability payment eligibility criteria for people with mobility needs

This submission was written by the MS Society Scotland (Petitioners), Citizens Advice Scotland and the Health and Social Care Alliance.

We ask that the Citizen Participation and Public Petitions Committee take evidence from stakeholders with respect to this petition.

Scotland has the opportunity to build a world leading rights based social security service. Free from arbitrary, tick box tests like the 20-metre rule.

It is vital that the voices of those accessing social security are listened to. People with disabilities were hit hardest by the pandemic and are already underrepresented in our parliament. Issues which disproportionately impact them must be afforded the attention of parliamentarians. The petitioners should be offered the opportunity to appear before the committee to discuss the petition.

Background information

The 20-metre rule was introduced as part of the eligibility criteria to access Personal Independence Payment (PIP). Under this rule, if you can walk one step over 20 metres you do not qualify for the higher rate of mobility support. The previous distance under Disability Living Allowance (DLA) was 50 metres.

The Scottish Government are replacing PIP with ADP. As part of this new benefit, the Governments initial proposals largely replicated the eligibility criteria retaining the 20-metre rule as part of the assessment criteria for ADP.

The Government undertook a consultation on their proposals for ADP. During the consultation people with disabilities and organisations working on their behalf identified the need to remove the 20-metre rule in their responses.

In June the Government published their response to the consultation, where they confirmed their intention to keep the rule in the assessment criteria. Their stated reason for this was that they believed any changes to eligibility criteria risk the passported benefits of those in receipt of other support from the DWP.

We believe that changing the 20-metre rule to a 50 metre rule will not impact passported benefits. The eligibility change would mean that those who were getting standard rate of mobility would be entitled to the enhanced rate. Those on the enhanced rate of mobility are not entitled to any additional DWP benefits that those on the standard rate are not.

The 20-metre rule does not measure mobility

The 20-metre rule is not an evidence based policy. There is no evidence that people who can walk over 20 metres have lower levels of need for mobility support. In their proposals for ADP the Government do not argue that the rule is an effective way to measure mobility.

It does not take into account the fluctuating nature of neurological conditions. With these conditions someone may be able to walk more than 20 metres one day and struggle to get out of bed the next.

It does not consider the severity of fatigue many will experience after walking. Nor is it clear what someone who is able to walk this distance is supposed to do if transport or services are further than 20 metres away.

A Citizens Advice Scotland Survey in 2021 found that a majority of Bureaux advisers working to help people with disabilities navigate the social security system agree that the 20-metre rule should be extended to 50 metres.

“Today I can stand and walk. That is not the case tomorrow. Every day is different. My body can go into spasms anytime and I can lose my ability to have the strength to stand never mind walk…Fatigue is overwhelming...memory is affected and life as a married couple is difficult. So mental health comes into play.” – A person living with MS.

The 20-metre rule is harming people with disabilities

The MS Society found that since PIP replaced DLA in 2013, one in three people with MS moving over to this benefit had their support downgraded. This is happening even though MS is a progressive condition where an individual’s needs will only increase.

The MS Society Report “PIP: a step too far” found that 2% of respondents gave up work altogether because they lost out on the higher rate of mobility support. It estimated that 611 people with MS would give up work because of this between 2020 and 2022.

In “The Cost of the PIP 20 metre rule” report, the MS Society found those who had their mobility support reduced or removed had increased their use of GP services, and reduced spending on food and therapies. The report concluded that the rule increased, rather than reduced, the cost to government due to additional costs for the NHS and a rise in those claiming other income support.

“So many people lost their independence by losing their Motability Scheme car when migrating from DLA to PIP. People became housebound or lost their job as they couldn't afford a vehicle…It would be so much better to give people back the ability to be more independent…and become more integrated members of their communities.” – A Citizens Advice Bureaux Adviser.