Who can make a new application

An individual, or someone acting on their behalf, who:

• is between the ages of 16 and State Pension Age (SPA) (ADP regs, reg 22 (1) and (2))
• has already reached State Pension Age , if certain criteria are met (ADP Regs, reg 23, reg 24)

A person or organisation may apply for Adult Disability Payment on behalf of an adult who is not able to manage their own affairs. This could be a legal acting body such as a Guardian or other court appointed acting body or a Power of Attorney. Once we receive evidence stating they have legal authority, we can allow them to act on behalf of the client.

If nobody has the legal authority to handle the client’s financial affairs, Social Security Scotland can appoint a person or organisation as the client’s ‘appointee’. An appointee referral should be made to Local Delivery, who will decide if the client requires an appointee, and if the potential appointee is suitable. Further details of Social Security Scotland’s person-centred client representative processes and policy are set out in statutory guidelines and operational guidance.

A young person may apply for Adult Disability Payment up to 13 weeks before their 16th birthday. If their application is successful, the earliest it can be paid is on their 16th birthday. (ADP Regs reg 35(2))

If a young person is receiving Child Disability Payment from Social Security Scotland, they may apply for Adult Disability Payment as above , ie 13 weeks before their 16th birthday, or any time between then and the day before they turn 3 18 Doing so will ensure their Child Disability Payment continues until a determination is made that they are entitled to Adult Disability Payment, so they will not have their payments stopped. Individuals over 18 can still apply for Adult Disability Payment but their Child Disability Payment will have stopped.

Young people who have transferred from Disability Living Allowance for Children to Child Disability Payment and who turn 18 on or before 31 December 2023 will be eligible to remain on Child Disability Payment until their 19th birthday. This ensures that these individuals have time to make an application for Adult Disability Payment. (CDP Regs. Reg. 4(1B)(b))

After 31st December 2023, young people, under 18, who have transferred from Disability Living Allowance for Children, will be eligible to remain on Child Disability Payment until their 18th Birthday.

If an individual is receiving Armed Forces Independence Payment, Attendance Allowance, Pension Age Disability Payment, Disability Living Allowance or Personal Independence Payment, they are not entitled to receive Adult Disability Payment.  (ADP regs, reg. 4)

Clients making a new application must also satisfy a number of residence and presence conditions to be eligible to receive Adult Disability Payment.