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:

• the information Social Security Scotland receives from Department for Work and Pensions regarding the individual’s Disability Living Allowance 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 or Social Security Scotland, which has not been taken into account for Disability Living Allowance.

A case manager will not typically review the Disability Living Allowance information or other information received before the initial Adult Disability Payment transfer determination is made. In general this is an automated process with no intervention required.

In most cases an individual will receive the same components at the same rates of Adult Disability Payment as they received in their Disability Living Allowance immediately before transfer (ADP Transitional and Miscellaneous Amendment Regs, reg 5(2)). For example, if they received the highest rate of the care component and the lower rate of the mobility component of Disability Living Allowance, they are entitled to the equivalent 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. [See para 24]

Because Disability Living Allowance does not consist of the same components as Adult Disability Payment, for this group of clients only a transitional rate daily living component (which is equivalent to the lowest rate of the Disability Living Allowance care component) will be awarded, to allow these individuals’ awards to transfer over on a like for like basis. This will be paid until the case is reviewed against the eligibility rules for Adult Disability Payment (ADP Transitional and Miscellaneous Amendment Regs, reg 5(2)(a)). 

There are some instances, i.e. SRTI cases, where someone in the same circumstances will receive an increased rate of Adult Disability Payment award than the Disability Living Allowance they received. This is because the eligibility rules for Adult Disability Payment differ slightly from Disability Living Allowance in some areas (ADP Transitional and Miscellaneous Amendment Regs, reg 9). (See paragraph 24) 

The transfer 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 (ADP Transitional and Miscellaneous Amendment Regs, reg 4(7)(b)) :

• good reason for extending this time frame
• agreed the length of the extension with Secretary of State for Work and Pensions
• notified the individual that the time frame has been extended and the reasons for doing so.