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Residence
The transfer determination made as part of the case transfer process assumes the residence and presence conditions are met (ADP Transitional and Miscellaneous Amendment Regs, reg 4(2)(b)).
If the case manager later determines that the assumption was incorrect, they must make a determination without application. Where this finds that the individual did not meet the residence and presence conditions in the transfer determination, it will replace that transfer payment determination (ADP Regs, reg 50.).
Example: Assumption of residence for transferred cases
The information received from Department for Work and Pensions in relation to Ryan’s Disability Living Allowance award stated he normally lives at an address with a Scottish postcode. Assuming this information was correct, Ryan’s case was selected for transfer and a determination was made that Ryan was entitled to Adult Disability Payment. His Disability Living Allowance award ended as a result.
Four months later, Ryan advises that he did not normally live in Scotland when the Adult Disability Payment award was made, rather he resided in Wales and did not update his address with Department for Work and Pensions.
The assumption that the residence conditions were met were incorrect. The case manager therefore makes a determination without application that finds Ryan was not entitled to Adult Disability Payment on the date of transfer