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Date the application is to be treated as made
If the individual meets all of the entitlement criteria on the day Part 2 of their application is received by Social Security Scotland then their application is treated as made on that date. (ADP Regs, reg 35 (1) (a) )
Alternatively, when a client does not meet all of the eligibility criteria on the date their application is received by Social Security Scotland, but they will do within the following 13 weeks, the date the application is treated as made will be the date within that 13 week period on which all of the eligibility criteria are satisfied. These are referred to as pre-emptive applications (ADP Regs, reg 35 (2) (4))
Example: Backwards Test met
Alfie applies for Adult Disability Payment for the first time. He begins a Part 1 application via the online portal on 15 June and goes on to complete/submit Part 2 of the application within the 8 week period allowed. The date of application is therefore 15 June. To meet the Backwards Test, his needs would need to have existed on or before 16 March, ie 13 weeks before applying. He tells us his needs began on 25 February. This means the needs have existed for more than 13 weeks and he meets the Backwards Test. If the application is successful, Alfie will be entitled to benefit from and including 15 June.
Example: Backwards Test not yet met
Bonnie has a stroke on 28 April. She applies for Adult Disability Payment on 21 May. As her needs only began on 28 April, the Backwards Test will not be satisfied until 27 July so no payment can be made before then.
The application is successful and the decision maker determines Bonnie is entitled to the standard rate of the daily living component and the enhanced rate of the mobility component. As the Backwards Test is met on 27 July the case manager will treat the application as made on that date and payment will start from then. (ADP Regs, reg 35 (2) (b))
Date of entitlement
For information on the date of entitlement for Adult Disability Payment, through the special rules for terminal illness, please refer to the terminal illness DMG chapter.
Entitlement to Adult Disability Payment begins on whichever date is later, either the date Part 1, i.e the required data, is received by Social Security Scotland, or the date the individual meets all of the eligibility criteria. This is provided the individual returns a completed Part 2 of the application within 8 weeks of the required data being received. (ADP Regs, reg 35 (4) (a) and (b))
Decision makers should record the date on which the required data (the client’s name and date of birth) are received from the client. This can influence the date when a client becomes eligible for Adult Disability Payment because we may not receive the required data on the same date that the client fills out part 1 of their application. For instance if an applicant requests part 1 and part 2 be sent out in paper format, the required data would have been provided by the applicant to trigger this process.
If part 2 of the application is returned after 8 weeks entitlement will begin on the date the application is treated as made, as described above. (ADP Regs, reg 35 (5))
If the individual has a good reason for why it’s returned after 8 weeks eligibility Social Security Scotland can decided to determine entitlement as if it had been returned within that period.
If Social Security Scotland does not accept the reasons for the late completion, the individual has the right to request a re-determination in relation to the start date of assistance.
Circumstances considered good reason for the late completion of an application may include:
where the individual could not complete the application due to a disability or health condition resulting in them being hospitalised
a personal event such as a bereavement or some other major event or trauma
where the individual or a third party representative has contacted Social Security Scotland to request more time. This could be to liaise with welfare rights support or accessibility support such as a translation service or interpreter. This list is not exhaustive. The decision maker should consider the circumstances of each case on its own merits in determining what is ‘good reason’.
Example: Good reason accepted
Cole begins an online application on 6 May. They submit Part 1 and Part 2 is triggered for completion. Part 2 states it should be completed and submitted via the online portal by 30 June.
Part 2 is not submitted until 9 July. When asked for reasons for lateness, Cole advises that they were admitted to hospital for emergency surgery on 21 June and were in hospital for 10 days. They had partially completed the form before this, and only felt up to completing the remainder a few days after coming home.
The decision maker considers Cole’s explanation for submitting the form late, and accepts good reason. This means it is treated as being on time and the date of application can be accepted as 6 May, the date it was first registered in the online portal.
Example: Good reason not provided
Daria phones Social Security Scotland to start an application on 24 June. Part 1 is completed over the phone and a Part 2 is sent out by post, advising her it should be completed and returned by 18 August.
The form is not received until 7 September. When asked for reasons for lateness, Daria advises they completed the form and forgot to post it on time and only remembered when they came across it on 1 September.
The decision maker decides this is not a good reason for lateness. This means the date of application will be taken as 7 September, they day it was received by Social Security Scotland.
The decision maker may well accept the reasons. Case Managers should accept the reason given at face value, unless it is very late and the reason appears highly improbable, in which case they should make further enquiries.
Other scenarios which the decision maker may consider to be good reason are:
- technical issues resulting in the online portal preventing the individual from applying for assistance
- when no application form is received by the individual after they requested it
- when the actions of staff or the systems and processes prevent an individual from applying within the 8 week period
In these scenarios both:
- good reason for lateness should be accepted, as long as the individual has completed it as soon as reasonably practical once the issue was resolved
- the entitlement should begin on the date that the application was registered (ADP Regs, reg 35 (6))
Date of entitlement for individuals moving from Child Disability Payment to Adult Disability Payment
There is a different process for calculating when entitlement for Adult Disability Payment begins for individuals who apply while being in receipt of a Child Disability Payment award. If an individual in receipt of Child Disability Payment is determined to have entitlement to Adult Disability Payment, their entitlement to Adult Disability Payment will start on the day after the current Child Disability Payment payment cycle ends. (ADP Regs. Reg. 58 (1)) This is to ensure that individual maintains the same payment cycle for Adult Disability Payment as they previously received on Child Disability Payment.
The individual’s first payment cycle of Adult Disability Payment will begin on the day after the last day of the Child Disability Payment payment cycle following the date of the Adult Disability Payment determination (ADP Regs. Reg. 58 (2)(a))
Example: Setting the date of entitlement for an individual who applied while eligible for Child Disability Payment
Helen is seventeen years old and is sight impaired. She has been in receipt of Child Disability Payment since November 2021.
Helen submits part 1 of her application for Adult Disability Payment on 15 May 2023. She then submits part 2 on 1 June 2023. The date that Helen submitted her Adult Disability Payment application is recorded as 15 May 2023.
A Case Manager determines that Helen is entitled to Adult Disability Payment on 21 August 2023. They note that Helen’s current payment cycle for Child Disability Payment is due to end on 15 September 2023 and Helen’s eligibility for Adult Disability Payment begins on 16 September 2023. The Case Manager indicates on the system that Helen’s last Child Disability Payment payment should be made on 15 September. Then her Child Disability Payment award will end, and her first payment cycle of Adult Disability Payment will begin on 16 September.
Example: Setting the date of entitlement under Special Rules for Terminal Illness for an individual who applied while eligible for Child Disability Payment
Alex is sixteen years old and has Epilepsy and Glioblastoma. Alex has been in receipt of Child Disability Payment since 01 April 2022. On 17 April 2023 a Registered Medical Practitioner made a clinical judgement that Alex’s condition should be treated under Special Rules for Terminal Illness.
As Alex is over 16 years old, Social Security Scotland contact him to ask if he wants to transfer to Adult Disability Payment. Alex gives his permission for this to go ahead on 22 May 2023. Alex’s current payment cycle for Child Disability Payment ends on 25 May 2023. He is then eligible for Adult Disability Payment on 26 May 2023 and, in accordance with Special Rules for Terminal Illness receives his first payment on the same day.