Two stage review process

Initially the award will be moved over and paid on a like for like basis based on the previous DLA award, as outlined in paragraph 12. This decision is referred to as the transfer determination (ADP Transitional and Miscellaneous Amendment Regs, regs 4(1) and 5(2)).

The case will then be reviewed against the eligibility rules for Adult Disability Payment; this is called the “review determination” (ADP Transitional and Miscellaneous Amendment Regs, reg 12(1)).

Note that the usual rules on limiting the mobility component for those who are over pension age do not apply to people whose awards transfer from Disability Living Allowance to Adult Disability Payment. Those over pension age can access all rates of the mobility component for both the transfer and review determinations. For subsequent determinations, the usual rules on limiting the mobility component apply.

There is an exception to this two stage process for those which meet the eligibility criteria for Special Rules for Terminal Illness (see paras 24 and 25). They will be awarded the enhanced rate of both the daily living and mobility components as part of their determination at the point of transfer without needing to be reviewed.

During the review process Social Security Scotland will ask the client if they wish the information contained in the forms and evidence held by the Department for Work and Pensions about their DLA award to be used in deciding their eligibility of Adult Disability Payment. If the client does not wish the existing DLA forms and evidence to be used, Social Security Scotland will make a determination about entitlement to Adult Disability Payment based on the information provided within the review form and any other available supporting information.