Reported relevant change of circumstance

Where a Scottish resident is in receipt of Personal Independence Payment reports a relevant change of circumstances to the Department for Work and Pensions, their case will be selected for transfer and an initial determination without application (the “transfer determination”) of Adult Disability Payment will be made. This transfer determination will not take the reported change into account, and the resulting Adult Disability Payment award will be for the same components at the same rates as the Personal Independence Payment award before the change was reported (Adult Disability Payment regs, Sch 2, Part 3, Para 9(4)).

As soon as reasonably practicable after the transfer determination is made, a subsequent “review determination” must be made (Adult Disability Payment regs, Sch 2, Part 3, Paras 12 (1),(2)).

This review determination must take into account the change that was reported to the Department of Work and Pensions or to Social Security Scotland after the transfer notice was sent (Adult Disability Payment regs, Sch 2, Part 3, Para 12(3)(b)).

Reported relevant change of circumstances after reaching the relevant age

Where an individual notified a change of circumstances that occurred after they reached the relevant age, meaning:

• state pension age (within the meaning given by the rules in paragraph 1 of schedule 4 to the Pensions Act 1995), or
• 65, if their state pension age was lower than 65

they may only be entitled to the same rate of the mobility component they received in Personal Independence Award. This only applies if the entitlement arises from substantially the same condition or conditions in respect of which their mobility component was given (Adult Disability Payment regs, Sch 2, Part 3, Para 12(7)-(8)).

Reported relevant change of circumstances backdating

When the review determination made because of a reported relevant change of circumstances leads to an increased Adult Disability Payment award, the Adult Disability Payment award should be backdated to (Adult Disability Payment regs Sch 2, Part 3, Para 12(4) ):

• Where the change is reported within one month of the change occurring, the date the client first satisfies the requirements for an increased rate of the daily living or mobility component; or
• Where the change is reported more than one month after the change occurred, but within 13 months of it occurring, and where Social Security Scotland considers that the client has good reason for reporting the change late, the date the client first satisfies the requirements for an increased rate of the daily living or mobility component; or
• where neither of the above apply, the date of notification of the change.

If the backdated date would be a date before the regulations came into force on 21 March 2022, the award should be backdated to 21 March 2022. 

Note that satisfying the requirements for the increased rate of either component includes meeting the required period test including the 13 week “backwards test”.

The amount of Adult Disability Payment they receive for this period should be reduced by the value of the Personal Independence Payment the client was paid for that same period (Adult Disability Payment regs, Sch 2, Part 3, Para 12(6)).

When the review determination made because of a reported relevant change of circumstances leads to no change or a decreased Adult Disability Payment award, the Adult Disability Payment award should not be backdated. Any decrease should take effect from the date of the review determination (Adult Disability Payment regs, Sch 2, Part 3, Para 12(5)).