When the change in entitlement should begin if the individual meets the criteria for a higher award
Entitlement to the higher award starts on the date that an individual first meets those requirements, if:
- they report that change to Social Security Scotland within one month of it occurring(Regulation 45(1)(b)(i)(aa) of the ADP Regs 2022), or
- they take more than one month but not more than 13 months to report it, and have a good reason [LINK to What is a good reason for not notifying within 1 month] for not notifying within one month (Regulation 45(1)(b)(i)(bb) of the ADP Regs 2022)
Social Security Scotland considers the date an individual reports a change to be the date it is received by the Agency. For paper review forms, this means the date that the mailroom stamps onto the form.
For a change in circumstances to meet the qualifying criteria for a higher award, this includes both:
- satisfying at least one of the relevant qualifying criteria for a period of 13 weeks immediately before that date,
- it being likely that the individual would continue to satisfy at least one of the relevant qualifying criteria for a further 39 weeks after that date.
Example: an individual reports a change within 1 month
Mark, who has dementia, has been receiving the standard rate of the daily living component of ADP. His partner, who has been supporting him, has been aware of Mark’s memory worsening and now he requires help with most daily tasks, including personal hygiene, toileting, and getting dressed, as well as cooking. The new level of needs starts on 1 January 2023. Over the next week, Mark’s partner realises that Social Security Scotland should be notified of this change.
Social Security Scotland carry out an unscheduled review as a result of the change of circumstances Mark reported. It is determined that Mark should receive the higher rate of the daily living component of ADP, starting from the date he first meets the requirements for the higher award. This means the increase in award will start from the date 13 weeks after the date the increase in needs occurred. This is the 3 April 2023, because he will have satisfied the backwards test at this point.
Example: an individual reports a change after 1 month but within 13 months, with a good reason
In the scenario above, Mark’s partner became unwell and was admitted to hospital before being able to support Mark in notifying Social Security Scotland of the change. When Mark’s partner returned home they supported Mark to notify Social Security Scotland but this was on 1 May 2023, several months later.
This would be considered a good reason for taking longer than a month to notify, and Mark should receive the higher rate of the daily living component of ADP, starting from the date Mark first meets the requirements for the higher award. As in the above scenario, this will be on the 3 April 2023 which is 13 weeks after the date his needs increased.
Entitlement to the higher award starts on the date that the individual reports the change if they take longer than:
- 13 months to report the change (Regulation 45 of the ADP Regs 2022) or
- a month to report the change without having a good reason [LINK to What is a good reason for not notifying within 1 month] for not reporting within one month.
If the individual has not yet satisfied the backwards test on the date that they report the change, entitlement starts once the backwards test is satisfied [LINK to paragraph 12 re: backwards test].
Example: an individual reports a change after 1 month but within 13 months, without a good reason
Angus has had Parkinson’s disease for 4 years. He was initially receiving the standard rate of the mobility component. He experiences an increase in his symptoms, meaning he cannot reliably walk more than 20 metres, and he also requires help with many daily tasks due to the tremor in his hands. These changes are present from 1 January 2023. Angus notifies Social Security Scotland of the changes and this was received by post and stamped by the mailroom on 1 May 2023, but gives no reason for the delay, except to say he “didn’t get around to it”.
Social Security Scotland carry out an unscheduled review as a result of the changes Angus has reported. It is determined that Angus should receive the higher rate of the mobility component and the standard rate of the daily living component of ADP. The increase in award can only start from 1 May 2023, when the mailroom received the review form about the change that Angus sent by post. The backwards test has already been met on 1 May 2023 as it has been more than 13 weeks since the change happened in January.
Entitlement to the higher award starts on the date of the determination resulting from the unscheduled review if:
- the individual does not report the change
- Social Security Scotland become aware of the change through some other means (Regulation 45 of the ADP Regs 2022)
If the individual has not yet satisfied the backwards test on the date of the determination resulting from the unscheduled review, entitlement starts once the backwards test is satisfied [LINK to paragraph 12 re: backwards test].
If the change of circumstances is received as part of a scheduled review please refer to the scheduled reviews chapter for when the change in entitlement should begin [LINK Adult Disability Payment DMG Scheduled Reviews]
If the change of circumstances is received as part of a scheduled review where the individual has just transferred from Personal Independence Payment please refer to the Adult Disability Payment Case Transfer chapter for when the change in entitlement should begin [LINK Adult Disability Payment DMG Case Transfer]
If the change of circumstances is received for an individual who has just transferred from Personal Independence Payment due to a change of circumstances please refer to the Adult Disability Payment Case Transfer chapter for when the change in entitlement should begin [LINK Adult Disability Payment DMG Case Transfer]