Relationship with the date of application
The date of application is usually the date on which the application is received by Social Security Scotland (1 ADP Regs, reg. 35(1)(a)).
Individuals do not need to wait until the backwards test is complete before making an application for ADP. If they consider they likely will meet the backwards test within 13 weeks they can submit an application.
If the individual applies before, they meet the backwards test, but likely will do within 13 weeks of making the application, the date the application is treated as being made is the date on which the individual will meet the conditions of entitlement. This includes the backwards and forward tests (ADP Regs, reg. 351)(b)and (2)).
Example: an individual applies for ADP before the backwards test is met
Archie’s mobility has recently been impacted by the development of arthritis. He applies for ADP on 1 September. He notes on the application that his mobility issues, due to his condition began on 23 June. However, the backward test will not be met until 21 September. Archie’s application is treated as being made on 21 September.