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Reported relevant change of circumstance
Where a Scottish resident in receipt of Disability Living Allowance 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 (ADP Transitional and Miscellaneous Amendment Regs, reg 4(6)(a)), and the resulting Adult Disability Payment award will be for the same components at the same rates as the Disability Living Allowance award before the change was reported, as set out in para 12 (ADP Transitional and Miscellaneous Amendment Regs, reg 5(2)).
As soon as reasonably practicable and certainly within 12 months of the date of the notice of intention to transfer, a subsequent “review determination” must be made (ADP Transitional and Miscellaneous Amendment Regs, reg 12(1)).
This review determination must take into account the change that was reported to the Department of Work and Pensions (ADP Transitional and Miscellaneous Amendment Regs, reg (14)(d)).
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 the date of the transfer determination (ADP Transitional and Miscellaneous Amendment Regs, reg 15(1)).
The higher amount of Adult Disability Payment they receive for this period should be reduced by the value of the Adult Disability Payment (i.e. the transfer determination) the client was entitled to for that same period (ADP Transitional and Miscellaneous Amendment Regs, reg 15(2)).
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 (ADP Transitional and Miscellaneous Amendment Regs, reg 16).
Example: Reported change of Circumstances to Department for Work and Pensions
John receives the lowest rate of the care component and the higher rate of the mobility component of Disability Living Allowance. John contacts the Department for Work and Pensions and reports that his condition has deteriorated and his care needs have increased as a result.
John’s case is selected for transfer. The transfer determination is made and the Adult Disability Payment award John receives is for the transitional rate of the daily living component and the high rate of the mobility component, just as his Disability Living Allowance award was. The change he reported is not yet included in his award.
As soon as practicable after the transfer determination is made, a review determination is made. This determination does include the changes John reported, and as a result his Adult Disability Payment award is increased to the enhanced rate of the daily living component and the enhanced rate of the mobility component. This increase is backdated to the date of the transfer determination.
The amount of Adult Disability Payment he receives for this period is decreased by the value of the Adult Disability Payment he was entitled to for any overlapping period.
Example: Decreased rate of Adult Disability Payment following determination
Jo was in receipt of the higher rate of the mobility component of Disability Living Allowance and contacted the Department of Work and Pensions to report that her condition and mobility had improved. Her case is selected for transfer. The transfer determination is made on a like-for-like basis meaning her initial Adult Disability Payment award is for the enhanced rate of the mobility component.
At the review determination Jo has had her mobility component award reduced to the standard rate of mobility, rather than the higher rate she was previously receiving. The review determination was made on 8 November 2022. Therefore, the date of her award change is 8 November 2022 meaning Jo has not incurred an overpayment of her Adult Disability Payment.