Applying the backwards and forwards tests

 Individuals must satisfy the backwards and forwards tests to be entitled to a higher rate of either component of ADP when their award is reviewed.

The backwards test requires the individual to have met at least one of the qualifying criteria for an award for 13 weeks immediately before the date that the new award would begin. The qualifying criteria for each of the different ADP awards are set out in the chapter on the Backwards and Forwards Test [Link].The qualifying criterion for entitlement to the daily living component of ADP are found in the ADP regulations (Sch1, Part 2 – Daily Living Activities, The Disability Assistance for Working Age People (Scotland) Regulations 2022)

The forwards test requires the individual to be likely to continue to satisfy at least one of the qualifying criteria [LINK to qualifying criteria] for 39 weeks after the date of entitlement.

To apply the backwards and forwards test, the case manager needs to work out the date that the award would begin. The case manager should then check to make sure that the individual satisfies the backwards and forwards test on this date. This chapter explains what to do if the backwards test is not met on this date but the forwards test is. 

If the individual meets the qualifying criteria for the standard or enhanced rate of the daily living component, they only need to have met at least one of the qualifying criteria in regulation 13 of the ADP regulations throughout the period that the backwards and forwards test applies to.