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When a Personal Independence Payment award that ended at the point of case transfer is retroactively changed
There may be cases where the Personal Independence Payment award that was ended by the case transfer process is changed after the Adult Disability Payment determination is made due to following:
- Revision made by the Department for Work and Pensions or the Department for Communities in Northern Ireland,
- Supersession made by the Department for Work and Pensions or the Department for Communities in Northern Ireland, or
- Decision made by a tribunal or court on appeal.
These are the ways in which a Personal Independence Payment award can be changed in the UK system. Where the Personal Independence Payment award that was ended at the point of case transfer is changed sometime after the case transfer process has completed, the case manager must make a determination without application of the individual’s Adult Disability Payment award (Adult Disability Payment regs, Reg 48(c)).
This determination without application does not need to result in the Adult Disability Payment award mirroring the changes made to the Personal Independence Payment award. Case managers should consider the information and make a wholly new determination based on the information available. Like when making any determination, the case manager should ask for further supporting information to make an accurate determination, if they feel they need it.
Where a case manager makes a determination without application for this reason, the date the change takes effect should be the point of case transfer (Adult Disability Payment regs, Reg 45(1)(a) and 46(1)(a)).
Example: Personal Independence Payment award ended at point of transfer is retroactively changed
Mariam has had her case transferred six months ago and is currently in receipt of Adult Disability Payment. After receiving advice, she contacted the Department for Work and Pensions and requested a revision of her Personal Independence Payment award. This is on the specific ground that the Department for Work and Pensions decision maker failed to take into account relevant evidence they held when they made her most recent Personal Independence Payment decision.
The Department for Work and Pensions decides that Mariam’s Personal Independence Payment award was incorrect and revised to an increased award. This takes effect from the day the Personal Independence Payment decision was originally made. The Department for Work and Pensions will notify this change to Social Security Scotland.
A case manager must now look at Mariam’s Adult Disability Payment award and make a determination without application. After reviewing the information received from Department for Work and Pensions. The case manager decides that Mariam’s Adult Disability Payment award should have been higher at the point of case transfer and should remain at that rate currently. Mariam’s Adult Disability Payment award is therefore increased from the date of the transfer determination.
However, case managers should limit the time period such a change is in effect if at some point after the point of case transfer the individual’s circumstances changed or it would otherwise be inappropriate for the change to the Adult Disability Payment award to be in effect past a certain date (Social Security (Scotland) Act 2018, section 27).
Example: Personal Independence Payment ended at point of transfer is retroactively changed – Adult Disability Payment award changed for a fixed period
Ninian’s Adult Disability Payment entitlement began on 1 May 2023 as the result of a determination without application made via the case transfer process. His Adult Disability Payment award was the standard rate of the daily living component and the standard rate of the mobility component, just as his Personal Independence Payment award was at the point of case transfer.
Ninian’s health deteriorated and he promptly reported this change to Social Security Scotland. As a result, Ninian’s Adult Disability Payment award was increased to the enhanced rate of daily living component and the enhanced rate of the mobility component from 1 September 2023.
On 1 November 2023, Ninian appeals the Personal Independence Payment award that was ended at the point of case transfer. The tribunal finds that Ninian’s Personal Independence Payment award should have been for the enhanced rate of the daily living component and the standard rate of the mobility component.
Because Ninian’s Personal Independence Payment award was changed, a case manager must conduct a determination without application of his Adult Disability Payment award. A case manager reviews the information and decides Ninian’s Adult Disability Payment award should have been for the enhanced rate of the daily living component and the standard rate of the mobility component at the point of case transfer.
The Case Manager makes the determination without application setting out Ninian’s entitlement to the enhanced daily living component and the standard rate of the mobility component for the period 1 May 2023 to 31 August 2023 and the enhanced rate of daily living component and the enhanced rate of mobility component from 1 September 2023 onwards.