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The Adult Disability Payment determination
Where their case has transferred, an individual’s initial Adult Disability Payment determination (called a “transfer determination”) is based on (Adult Disability Payment regs, Sch 2, Part 3, Para 9(3)):
- the information Social Security Scotland receives from Department for Work and Pensions regarding the individual’s Personal Independence Payment award
- any other relevant information available to Social Security Scotland at the time of the determination unless the individual has reported a change to Department for Work and Pensions which has not been taken into account for Personal Independence Payment
A case manager will not typically review the Personal Independence Payment information before the initial Adult Disability Payment determination is made. This is an automatic process.
In most cases an individual will receive the same components at the same rates of Adult Disability Payment as they received in their Personal Independence Payment immediately before transfer when their initial Adult Disability Payment determination is made (Adult Disability Payment regs, Sch 2, Part 3, Para 9(5)). For example, if they received the enhanced rate of the daily living component and the standard rate of the mobility component of Personal Independence Payment, they are entitled to the enhanced rate of the daily living component and the standard rate of the mobility component of Adult Disability Payment. There are exceptions to this rule, however.
Example: Adult Disability Payment entitlement equals Personal Independence Payment entitlement
Ivy receives the enhanced rate of the daily living component and the standard rate of the mobility component of Personal Independence Payment. Her case is selected for transfer. When her initial Adult Disability Payment determination is made, she is entitled to the enhanced rate of the daily living component and the standard rate of the mobility component of Adult Disability Payment.
The Adult Disability Payment determination must not be made later than the period set out in the notice. The only exception to this rule is where all of the following are met, with Social Security Scotland having (Adult Disability Payment regs, Sch 2, Part 3, Para 9(6)(c)):
- good reason for extending this time frame • agreed the length of the extension with the Secretary of State for Department for Work and Pensions
- notified the individual that the time frame has been extended and the reasons for doing so
Example: Extension of the period set out in the notice
Daisy’s Personal Independence Payment case is selected for transfer. The Department for Work and Pensions send the relevant Personal Independence Payment information to Social Security Scotland. There are however, inconsistencies with the information Social Security Scotland receive therefore they need to clarify with Daisy before making the Adult Disability Payment determination. Social Security Scotland:
- believes the questions will not be answered within the period set out in the notice, therefore
- agrees with the Secretary of State for Work and Pensions an extended time period so the questions can be resolved
- writes to Daisy explaining the issue, that the notice period will be extended and letting her know when she can expect the process to finish
There are some instances, however where someone in the same circumstances will receive an increased rate of Adult Disability Payment award than the Personal Independence Payment they received. This is because the eligibility rules for Adult Disability Payment differ slightly from Personal Independence Payment in some areas (Adult Disability Payment regs, Sch2 Part 3, Para 11(1)).