Case Transfer Scheduled Review

Where a Scottish resident, in receipt of Personal Independence Payment is coming to the end of their fixed term Personal Independence Payment award or where their Personal Independence Payment award is scheduled to be reviewed, their case will be selected for transfer. Their Adult Disability Payment award will begin on a like-for-like basis with their Personal Independence Payment award and a scheduled review date set. Their scheduled review begins on this date.

For more information on scheduled reviews, see the 'What scheduled reviews are’ chapter of the ADP decision making guide.

Case transfer scheduled review backdating

As part of a scheduled review, clients may report a change in their condition. A change of condition reported in a scheduled review could lead to an increase or decrease in their Adult Disability Payment award. An increase and decrease have different backdating effective dates.

Increased entitlement

Where:

• the client’s Personal Independence Payment award was selected for transfer because it was scheduled to be reviewed; and
• the first scheduled review of the Adult Disability Payment award leads to an increase in that award

that increased Adult Disability Payment award should be backdated to:

• the day the client’s award was selected for transfer; or
• the date the client first satisfies the requirements for an increased rate of the daily living or mobility component whichever is later.

It would be unjust to begin entitlement any later than this as these dates are consistent with when the client’s Personal Independence Payment award could be increased if their award wasn’t selected for transfer. The rule to set an earlier date for entitlement should be used as otherwise the client may have been better off had they remained on Personal Independence Payment (Adult Disability Payment regs, Reg 45(2)).

Where:

• the client’s Personal Independence Payment award was selected for transfer because it had a fixed term end date; and
• the first scheduled review of the Adult Disability Payment award leads to an increase in that award

the increased Adult Disability Payment award should not be backdated. The usual Adult Disability Payment scheduled reviews rules should be followed.

The award should increase from:

• the date the case manager makes the determination; or
• the date the client first satisfies the requirements for an increased rate of the daily living or mobility component

whichever is later.

Decreased entitlement

The Adult Disability Payment award should not be backdated where:

• The client’s Personal Independence Payment award was selected for transfer because it was scheduled for review; or
• The client’s Personal Independence Payment award was nearing its fixed term end date; and
• The initial review of the Adult Disability Payment award leads to a decrease in that Adult Disability Payment award

In this scenario any decrease should take effect from the date of the determination without application resulting from the scheduled review (the date the decision is made). This is because the transfer process may have contributed to delaying the subsequent review and it would be therefore unjust to reduce the award before this date (Adult Disability Payment regs, Para 46(2)).

Note that these scheduled review rules only apply to the first determination made after someone’s award was transferred from PIP to Adult Disability Payment because their PIP award was due to be reviewed or end. Any subsequent scheduled reviews will be subject to the usual effective date rules (Adult Disability Payment regs, Regs 45 and 46).

Changes reported to DWP after a case is selected for transfer but before transfer completes

Where someone reports a change to DWP after their case has been selected for transfer because it was scheduled to be reviewed, but before the transfer completes (i.e. they report a change of circumstances during the transfer window), the award is subject to the case transfer unscheduled review rules (Adult Disability Payment regs Sch 2, Part 3, Para 9(4)(a)(i)).

Changes reported to Social Security Scotland after a case is selected for transfer but before their scheduled review date

Where someone reports a change to Social Security Scotland after their case has been selected for transfer because it was scheduled to be reviewed, but before their Adult Disability Payment scheduled review date, the award is subject to the normal Adult Disability Payment unscheduled review rules.

Note that this can result in an effective date that pre-dates the start of the Adult Disability Payment award. In these cases, the Adult Disability Payment award should be backdated. Any payment of Adult Disability Payment made for this past period should be reduced by the amount of Adult Disability Payment or Personal Independence Payment already received (Adult Disability Payment regs, Sch 2, Part 3, Para 14(c)).