Relevant considerations for setting a review period
A review date should be set based on when the individual’s circumstances are likely to have changed. You should take a holistic, person-centred approach to determine when this is likely to be. This means that you should not set a review period based only on general information about when individuals with a certain condition may experience changes.
Rather, to determine when the individual’s needs will likely change in the future, , you should consider:
- the application or review form completed by the individual or on their behalf
- (if applicable) additional information gathered by contacting the individual with follow-up questions
- confirmation from a professional, if available
- (if applicable) any additional supporting information provided by the individual, or collected by Social Security Scotland
- (if applicable) advice from a Social Security Scotland Health and Social Care practitioner
- (if applicable) the consultation report supplied by a Social Security Scotland Health and Social Care practitioner
- (if applicable) information received from DWP when an individual’s entitlement to Personal Independence Payment or Disability Living Allowance transferred to Adult Disability Payment.
- the factors outlined in this section
Although some conditions might suggest a longer review period (or none at all), you should make a decision based on the information available to you relating to the individual and the holistic picture you have established based on that information.
Where there is more than one condition, you should take into account the effects of all of the conditions. This should also involve considering how those conditions interact with each other and what their overall impact on the individual is.
If the information available about the individual does not provide you with this level of detail, it may be appropriate to consider one of the following:
- seeking a case discussion with a Health and Social Care practitioner
- where a consultation with the individual has already been identified as necessary to establish the individual's level of need, you could request that the consultation also provides the information needed for setting a review period by adding relevant questions to the consultation request. This should only be done when a consultation is needed to establish the individual’s level of need. You should never request a consultation solely to understand what review period to set
The following factors are all relevant in setting an award review date:
- the age of the individual
- whether the individual is entitled to the enhanced rate of both Adult Disability Payment components and might therefore be eligible for an indefinite award
- whether the individual has a single condition or multiple conditions
- how long the individual has had their condition
- whether there is any ongoing, current or future treatment or surgery and how this might be expected to impact the individual’s level of needs
- the type and anticipated progress of the underlying condition
Determining the appropriate review period based on the interaction of various factors can be complex. If you are unsure, you should use decision-making tools, such as case discussion, for support in selecting the correct review period.
The following two examples illustrate how these factors can lead to vastly different review periods for two individuals with the same conditions.
Example: based on the factors relevant for setting a review period, an indefinite award is appropriate for an individual
Viktor is 63 years old. He has stage 3 COPD diagnosed 10 years ago and experienced a stroke 8 months ago. He had a prolonged hospital stay after his stroke and has only been discharged home within the last 2 months.
Due to his COPD, he experiences breathlessness when moving around his home which is worsened by the increased effort due to reduced coordination and balance. Viktor requires daily medication for COPD and stroke prevention as well as physiotherapy, occupational therapy and input from Speech and Language services for stroke rehabilitation.
Viktor has a shower chair that was supplied by an Occupational Therapist due to breathlessness before his stroke. However, his son now has to help with washing due to the right-side weakness following his stroke. His wife finds this too difficult to manage, and the aid does not allow Viktor to manage this task independently anymore.
Viktor is unable to dress as he cannot manage buttons or zips and wears loose clothing which his wife has to help him get into as he cannot lift his right arm.
His wife will make all the meals for Viktor and has to cut these up to make it easier to chew or swallow, as he can still have issues with eating and is at risk of choking.
He has issues with incontinence; however, this is due to the reduced pace and being unable to make the toilet on time.
In a letter that Viktor submits as additional supporting information, Viktor’s son provides a few additional details on how Viktor needs help from them, and which adjustments have been made in the recent past to accommodate Viktor’s needs:
Viktor has made very little improvement since his stroke despite ongoing rehabilitation. He has poor memory and is not safe within the kitchen environment due to this and his right-sided weakness.
Viktor now sleeps in a recliner chair which is better for his breathing, as he gets increasingly breathless when lying flat. Viktor regularly tries to walk to the toilet during the night, which has resulted in multiple falls. The occupational therapist arranged for Viktor to receive urinary bottles to keep beside his bed to avoid his having to get up at night.
Viktor has made little improvement since his stroke in terms of his mobility or his speech. He continues to use a walking frame that he was given in hospital but has had several falls despite this. Viktor has been house-bound since his discharge from hospital and has been unable to access the upper level of his home due to his poor mobility. Has been sleeping in the living room due to his poor mobility and breathlessness.
Supporting information from Viktor’s stroke rehabilitation team is available. It details the limited improvements that have been made since Viktor’s stroke and the view that Viktor’s prognosis is unlikely to significantly improve.
The case manager reviews Viktor’s application. They use their knowledge of his conditions as well as guidance on aids and appliances in the Definitions DMG chapter, as they do not consider those noted in Viktor’s application to be reasonable or practicable for him to use following his stroke. They determine that Viktor is entitled to the enhanced rate of the daily living and the mobility component.
The case manager also considers the potential impact of other relevant factors outlined in this chapter on his level of need to establish whether setting a review period would be appropriate.
From the information Viktor has provided, as well as the supporting information, they gather that Viktor faces a challenging prognosis with a stroke and a worsening history of COPD.
The case manager determines that, given the supporting clinical information and letter of support from Viktor’s son, it is more likely than not that he will not fully recover from the stroke. Furthermore, given that COPD is a degenerative disease, Viktor’s breathlessness and treatment needs are likely to increase over time.
The case manager therefore decides that an indefinite award is appropriate. Viktor’s determination letter sets out the reasons why we would not be reviewing his case in future. As no review date was set, the case manager did not need to outline any updates Viktor may need to provide at his next review.
Example: based on the factors relevant for setting a review period, a shorter review period is appropriate for an individual
John is 58 years old. He was diagnosed with stage 2 COPD 5 years ago and had a mild stroke 3 months ago. In his application form John explains that he has ongoing left sided weakness following the stroke. He notes that this weakness results in problems with grip, coordination, and balance within the home and when mobilising. John also reports that he has had a recent infective exacerbation of his COPD due to aspiration during his stroke event and has had a prolonged course of antibiotics and steroids for this.
John explains that due to his left sided weakness he struggles to grasp utensils when washing himself or trying to prepare something to eat. His wife has to assist him in the shower at present as he worries about falling due to poor balance and does not have the full use of his left-hand side. He also reports that he finds cutting his food up difficult due to poor grip in his left hand and that his wife has to aid with this. John notes that his speech was affected by the stroke and that whilst this continues to improve, he still struggles to make himself understood to those outside of his family or during his various medical appointments. His wife normally accompanies him to appointments to help him make himself understood.
John reports severe fatigue since the stroke. He notes that he can become very forgetful and that he often needs reminding to take his medications at the right time.
John adds that due to his left sided weakness, he struggles to mobilise or to rise to standing unaided. He notes that he has poor balance and coordination and that he has been prone to trips and falls as his left foot drags. He feels that his fatigue also compounds this and that his balance is worse over the course of the day.
Due to his COPD, John has had increased breathlessness since the stroke. He had prolonged antibiotic prescriptions following the stroke for a chest infection and still feels very out of breath, wheezy and at times dizzy. He notes that since being discharged from hospital he has been largely house-bound due to his reduced mobility save for attending appointments. John adds that he finds he can still struggle to mobilise from one end of the house and back again without increased breathlessness, fatigue, and increasingly poor balance. John continues to use a walking frame that he was provided with by physiotherapists during his hospital admission.
John is prescribed inhalers and continues to take steroids for his recent chest infections. He is prescribed stroke prevention medication. He has ongoing input from physiotherapy, occupational therapy and Speech and Language services. John provides supporting information from his clinical team to support his application.
The case manager reviews John’s application. Based on John’s needs, they determine that he is entitled to the enhanced rate of ADP for both daily living and mobility components.
The case manager moves on to determine whether, and when, a scheduled review would be appropriate. From the information that John has provided, as well as the supporting documentation, they understand that John will continue to receive treatment and that he has been making improvements in his rehabilitation since his stroke. They consult the medical guidance to read up on the symptoms of John’s conditions, as well as the treatment and prognosis. They request a case discussion with a Health and Social Care practitioner to better understand both
- The interplay of John’s conditions
- How his continued treatment is expected to impact his level of needs.
The case manager decides that a review of 3 years is appropriate, as John is likely to have experienced a reduction in his level of needs by the end of that period, as he continues to recover from his stroke. The case manager anticipates that John’s entitlement might reduce to a standard level of ADP for both daily living and mobility due to an improvement in physical capabilities and for his COPD.
The determination letter set out the reasons why a review had been scheduled for 3 years, as this would allow time for John to recover from his stroke. The case manager explained that we would likely need an update from him at his next review on how his ongoing treatment has affected his stroke-related needs.
Age
The individual’s age can impact on the likelihood of their needs changing over time. For example:
- the age at which an individual first develops or experiences their condition may impact their ability to adapt to that condition
- age influences the likelihood of the individual being in good health. If an individual is in good health, it is more likely that they will adapt quickly to a new condition or disability or will recover more fully
This list is not exhaustive.
It is impossible to be prescriptive about the effects of age in all cases. You should be cautious about assuming that an older individual is more likely to have longer-term needs than a younger individual. You should always take a holistic approach when making decisions.
It might be reasonable to expect that a 25-year-old in good health, who loses their left leg in an accident, might adapt to this and live independently. They may be able to adapt quickly to using a prosthetic leg and benefit from intensive physiotherapy.
However, a 60-year-old individual who has:
- diabetes
- a number of respiratory conditions
and who loses their leg because of complications from diabetes is more likely to face longer-term needs. Their existing conditions are likely to impact:
- wound healing
- muscle strength
- the new muscle and joint movements required with prosthetic limb use
If you are unsure about whether the individual’s age is more likely to give rise to longer-term needs, you should request a case discussion with a practitioner.
Level of award (enhanced rate of both components)
If an individual is entitled to the enhanced rate of both components of ADP you should consider whether an indefinite award (awards without review) would be appropriate. You should consider all of the information available from the application or review form and supporting information in deciding whether or not to set an award review period.
Indefinite awards are only appropriate for a small group of individuals in receipt of the enhanced rate of both ADP components whose needs are highly unlikely to change or only likely to increase.
Apart from individuals who are terminally ill, there is no automatic process to make an indefinite award, simply because the individual is entitled to the enhanced rate of the daily living and mobility components.
You must review the decision-making guidance on indefinite awards and must follow the process set out in the operational guidance.
Individuals whose needs are highly unlikely to change but who do not meet the indefinite awards criteria because they are not being awarded the enhanced rate for both Daily Living and Mobility should be given a longer review period (5 - 10 years).
Single or multiple conditions
In the case of a single condition, it may be relatively easy for you to understand if the individual’s condition or the needs stemming from it is unlikely to change. Refer to medical guidance to learn about conditions and likely needs resulting from them. A to Z list of common illnesses and conditions | NHS inform ; Health A to Z - NHS (www.nhs.uk) ; Scottish health information you can trust | NHS inform
Where the individual has multiple conditions, it may be much more challenging to assess the likelihood of a change in their level of need.
Where the individual has multiple conditions, it is likely that planned treatment or surgery may not improve their overall level of need. You should therefore consider carefully the extent to which any treatment or surgery will likely change the individual’s overall level of need.
An individual with multiple conditions might still be eligible for an indefinite award, even if one or several of their conditions are changing over time, if both:
- they are entitled to the enhanced rate of both components of ADP
- their overall level of need is highly unlikely to improve over time
You must consider the likelihood of changes to the individual’s overall level of needs, rather than the likelihood of one of their conditions changing. For more information on indefinite awards, see the Indefinite awards (awards without a review date) section in this chapter.
Individuals do not need to have a formal diagnosis of their condition or disability to be eligible for an indefinite award.
If you are unsure about whether the individual has one or more conditions that are highly unlikely to change, request a case discussion.
Condition
Considering an individual’s conditions and understanding how they are likely to impact the individual over time is one of the important factors to consider during this decision-making process.
It is important to remember that the typical features of a health condition might not apply to every individual. Some conditions will potentially involve a future change in the individual’s level of needs, but for some individuals with the same condition, this may not be the case. The presence or absence of these features may still be relevant to the award review date, as you should set the review date when needs are likely to change. If the individual is entitled to the enhanced rate of both ADP components and their needs are highly unlikely to decrease, you should consider giving an indefinite award.
If it is unclear what the natural progress of a health condition may be, and how the typical progression of a condition applies to the individual in question, case managers should:
- consider medical guidance [A to Z list of common illnesses and conditions | NHS inform ; Health A to Z - NHS (www.nhs.uk) ; Scottish health information you can trust | NHS inform]
- request a case discussion with a practitioner
Conditions can be categorised according to their likely progression over time. This is set out on this page further below. Considering this is important when making a decision on when to set a review period, or, where applicable, whether an indefinite award might be appropriate.
When considering whether an indefinite award might be appropriate, you should also review conditions listed and considerations discussed in the Specific conditions and indefinite awards section in this chapter.
Individuals may have a number of conditions that fall into different categories. You will have to consider how the individual’s overall needs will develop over time. It is possible that an individual’s level of need is highly unlikely to change in a way that would impact their entitlement, despite them having a number of conditions that change over time.
The individual’s condition, and how that condition can be categorised, is only one factor when establishing whether an indefinite award or a review period would be appropriate. You should also consider the other factors set out in this chapter.
This means that, even if an individual has a condition that might change over time, you may become aware of additional factors, that when taken together, suggest a review would be inappropriate. In that case you should consider making an indefinite award if the individual is entitled to the enhanced rate for both the daily living and the mobility component, or a longer review period (5 - 10 years) in other circumstances.
Example: an indefinite award would not be appropriate due to future treatment options that may impact the individual’s level of needs
Blair is 51 and has been struggling with Osteoarthritis for the past 10 years. Additionally, he has been diagnosed with stage 3 Chronic Obstructive Pulmonary Disease (COPD) which has been worsening progressively over time. These comorbidities significantly impact his daily living and mobility needs as well as his overall quality of life. After struggling to fulfil his job role in a warehouse, Blair took voluntary redundancy last year and has now applied for ADP.
In his application form, Blair mentions that he is prescribed high dose pain medications, including Lidocaine patches, Co-Codamol 30/500mg (4x daily) and Tramadol 100mg (2x daily). Despite this he continues to experience chronic pain and limitations to his ability to move around making it challenging to manage daily life and activities. Blair experiences pain, breathlessness, and fatigue, which cause difficulty with washing. When he has a bath, he requires assistance to get in and out of the tub. He has a raised toilet seat at home, and handrails in the bathroom to help with toileting, however it still takes Blair a lot of time to use the toilet, and he needs to take around 20 minutes to recover from breathlessness each time.
Additionally, Blair is currently prescribed triple inhaler therapy (3 different inhalers) to help alleviate his breathlessness. Despite this Blair often experiences frequent exacerbations of COPD leading to hospitalisation (last admission 6 weeks ago for 5 days).
His osteoarthritis mainly affects upper (hands and shoulders) and lower joints (hips and knees). Blair therefore finds bending, for example to wash his lower half and when getting dressed, to be difficult. He requires assistance, also due to his breathlessness when attempting to perform these tasks independently. Blair reports that he can struggle to obtain his mediations from packaging due to arthritic pain and stiffness in his fingers and his family have to dispense his tablets for him.
Blair gets breathless walking around the home and holds on to furniture when mobilising indoors. Due to the pain, he will shuffle when walking around the home and has had instances of trips and falls. When outside of the home, Blair uses a walking stick and will also hold on to family for support when mobilising short distances.
Blair has provided a copy of his medicine prescriptions and his most recent hospital discharge summary as supporting information.
The case manager establishes that they have enough information to make a determination on Blair’s entitlement. They determine that Blair is entitled to the enhanced rate for both daily living and the mobility component of ADP.
From reading medical guidance to find out more about COPD and osteoarthritis, as well as from prior training run by practitioners, the case manager understands that the combination of osteoarthritis and stage 3 COPD is highly likely to significantly impact Blair’s daily living and mobility in a sustained way.
However, the case manager establishes that an indefinite award may not be appropriate given that adjustments and other medical treatments may still be available to Blair in the future. Blair could be offered further inhaler medicines and could be eligible for joint replacement surgery for his arthritis which may positively impact his level of daily living and mobility needs. The case manager determines that a 10-year review period is applicable.
The determination letter issued to Blair sets out the review period decision. It shares that as his symptoms were not expected to change in the near future, his award would be reviewed in 10 years. The case manager explained that as there is a possibility of other medical treatments in future , at his next review, an update would be needed from Blair on whether any further treatments had taken place and whether this has impacted his level of need.
Fluctuating conditions
- If the individual has a fluctuating condition, they are likely to experience short-term periods of change in their level of need.
- If the individual is entitled to the enhanced rate of both ADP components and their needs are highly unlikely to fluctuate beyond what can be expected based on their condition, the case manager should consider giving an indefinite award.
Example: an individual has a lifelong condition that is unlikely to change
Esther is 56 years old and was first diagnosed with schizophrenia at age 26. They live on their own in a rented flat and have current input from mental health services, who have been providing input for thirty years and takes significant levels of mental health medication.
Esther is supported by twice weekly support sessions from a mental health support worker and daily home care visits. Schizophrenia is a lifelong condition with low probability of full remission, with symptoms remaining stable and enduring.
Esther reports that they have learned to live with their condition and their main restrictions are self-care and when they come into contact with other people. Care staff report that Esther:
- needs supervision or assistance to either prepare or cook a simple meal;
- will not wash unless prompted;
- will not change their clothing unless prompted;
- is unable to engage with people at all without overwhelming anxiety
- struggle to deal with financial matters due to this
The case manager awards the following points for the daily living component:
1(e): 4 points
4(c): 2 points
6(c): 2 points
9(d): 8 points
10(b): 2 points
Care staff report that Esther can go out on the majority of days, however they require to be accompanied due to the symptoms of their condition. The case manager awards the following points for the mobility component:
1(f): 12 points
The case manager checks the decision-making guidance on review periods and notes that Esther’s condition is on the list with conditions that suggest a review may be inappropriate (Pathway 2). The case manager seeks input from a practitioner on Esther’s condition and whether setting a review date would be appropriate. Based on the practitioner’s advice, the case manager identifies that Esther has a lifelong condition, which they have had for over thirty years. Although there are likely to be small changes in need, it is highly unlikely due to the length and nature of condition that their condition will change. The case manager decides it would be reasonable to award an indefinite award based on the likely longevity and complexity of their condition. They make the determination and submit the case for internal quality assurance.
Esther’s determination letter advised her that we would not be setting a review date on her award as the case manager had decided that she was entitled to an indefinite award. As no review date was set, the case manager was not required to outline any updates needed from Esther for their next review.
Progressive conditions
A progressive condition is a disease or health condition that gets worse over time, resulting in a general decline in health or function. A progressive condition is different from a relapsing and remitting condition (see below). Depending on the condition, a progressive condition may progress quickly or very slowly. Examples of progressive conditions are dementia, multiple sclerosis, and Parkinson’s disease.
If the individual is entitled to the enhanced rate of both the daily living and the mobility component, you should consider whether an indefinite award would be appropriate.
If the individual is entitled to an award that is lower than the enhanced rate of both components, you should set the review date for a point in time when their entitlement is likely to have changed.
Relapsing and remitting conditions
In a relapsing and remitting condition, there is often a period when the condition is stable for a while or is in remission. As an example, an individual with Multiple Sclerosis (MS) may experience symptoms, both existing or new, that arise or worsen for a period of time, followed by recovery.
In contrast, a progressive condition does not have these breaks. It is also possible for relapsing and remitting conditions to become progressive over time as symptoms may remain to some extent during the recovery period.
Permanent conditions
A permanent condition is a condition that will not change and for which there is no treatment or cure. Examples are blindness, severe spinal injury, or severe brain injury.
If an individual is entitled to the enhanced rate of both the daily living and the mobility component of ADP due to a permanent condition, and their needs are either
- highly unlikely to change in the long term;
- only likely to increase
an indefinite award is likely to be appropriate for the individual. You should also consider the other factors outlined in this chapter to determine whether that’s the case.
Example: a permanent condition that is not expected to change
Mohammed has quadriplegic cerebral palsy, a condition caused by a shortage of oxygen to the brain before or during birth. This leads to him being unable to co-ordinate movement in his arms and legs. This is a lifelong condition. Mohammed states in his application that he requires full-time care.
He has indicated difficulties under daily living activities 1, 2, 4, 5, 6, and 7 and the case manager awards the following points for the daily living component:
1(f): 12 points
2(f): 10 points
4(g): 8 points
5(c): 2 points
6(f): 8 points
7(c): 4 points
For the mobility activities Mohammed reports that he is able to plan the places where he needs to go, but uses a wheelchair for moving around. The following points were awarded:
2(f): 12 points.
After familiarising themselves with Mohammed’s case, the case manager requests a case discussion to discuss whether an indefinite award might be appropriate. After seeking input from a practitioner, the case manager knows that it is highly unlikely that Mohammed’s condition will change, therefore it is reasonable that an indefinite award would be appropriate in this case. The case manager determines that Mohammed should receive an indefinite award and submits their determination for mandatory quality assurance.
Mohammed’s determination letter advised him that we would not be setting a review date on his award as we had decided that he was entitled to an indefinite award. As no review date was set, the case manager was not required to outline any updates needed from Mohammed for his next review.
There is no requirement for the individual to have a terminal illness in choosing not to set a review date. For more information on making a determination on a terminal illness case please refer to the SRTI chapter.
Length of time individual has had the condition
Individuals who only recently acquired a new condition might still be adjusting to their disability.
For example, an individual is diagnosed with Type 2 diabetes. To manage this condition involves changes in routine that the individual needs time adjusting to. These changes include taking the right medication at the right time, managing their diet correctly and measuring their blood sugar levels. It is reasonable to conclude that for a period following their diagnosis, adjusting to these changes will result in the individual requiring, for example, aids and prompting to remember to take medication (i.e., alarms or reminders, family members prompting them, using dietary plans). However, it is also reasonable to assume that this level of needs in relation to managing their condition will be temporary. It is likely the individual will adjust to their new condition and no longer require support to manage it. The case manager should establish whether the individual is more likely than not to meet the backwards and forwards test for this period of increased need. If the individual does meet the backwards and forwards tests, then the case manager should make an award and set a shorter review period. The review date should be set to a time where it’s likely that the individual’s support needs will have reduced enough to change their entitlement.
Alternatively, individuals may require aids to manage their condition indefinitely, irrespective of whether or not they are still adjusting to having the condition. For example, an individual who recently became severely visually impaired will need to get used to using aids to help them manage their condition, such as a white cane or guide dog. However, whilst it may take time for them to be able to use these aids independently, the individual’s need for them will always remain. In this way, although there is adjustment period for the individual due to a recently acquired condition, their needs will not change following the period of adjustment. As such, a longer review period would be appropriate.
You must not set a review period solely based on the duration the individual has had their condition. Instead, you should consider all other factors discussed in this section and how they apply to the individual in question when setting a review period.
There is no requirement that an individual must have a condition for a certain period of time before they may be eligible for an indefinite award. An individual can receive an indefinite award at first determination after they’ve applied for Adult Disability Payment, or when a determination is made at the end of a scheduled or unscheduled review.
The length of time an individual has had a condition is not the same as the recency of a diagnosis of a condition or of starting treatment. An individual may have had their condition for a long period of time and may have learned to adapt (e.g. by self-medicating, avoiding certain environments or movements, relying on support from others, or using aids) before they got diagnosed. The individual may be unaware that, and to what degree, they’ve adapted their way of doing things to their needs. However, a recent diagnosis can lead to new and potentially more appropriate treatment or support becoming available, which the individual then will need time to adapt to. This is likely to impact on their level of needs.
Alternatively, it may be that the individual has tried a number of treatments which have not lessened the impact of their condition. This would again suggest an indefinite award is appropriate.
In some cases, the condition may be affected by a planned course of treatment or surgery, or may change in impact as the individual adapts to it. In this case it is less clear that the individual will not experience any changes.
Example: An individual is still adapting to a recently acquired condition
Melissa is 52 years old. She has a diagnosis of bilateral cataracts for which she is awaiting surgery. Melissa was recently admitted to hospital following an infected ulcer in her right leg that was not healing. She was found to have diabetes and had to have a below knee amputation due to the infection.
In her application form, Melissa explains that managing her blood sugar levels and administering insulin has become a crucial part of her daily routine, especially since she struggles to see well enough. She relies on her daughter for support, including checking blood sugars and administering insulin. She has been unable to learn how to use glucose monitors and understand the variability in her sugar levels, due to her reducing eyesight all while dealing with physical weakness, fatigue, and vulnerability following her recent hospital discharge. This leads to her daughter regularly monitoring Melissa to ensure her treatment can be delivered effectively.
Melissa has struggled to adapt to a regulated diet since her diagnosis and treatment started. Her daughter has to ensure Melissa eats a proper diet, at least 4 times per day.
Her ongoing struggles and regular hypoglycaemic events cause dizziness and blackouts. She has had numerous falls due to instability and poor balance as she adapts to her recent below the knee amputation. A combination of ongoing unstable blood sugars and her physical amputation causes Melissa to need support with washing and bathing, as she is at risk of falling when carrying out this task. She used to attend numerous social clubs with friends, however, is currently unable to due to the ongoing support she is requiring within the home. Melissa requires consistent monitoring and intervention. She remains under the supervision of her diabetic consultant every 3 months and is reviewed by the diabetic nurse monthly due to her instability.
The case manager establishes that Melissa has satisfied the backwards test, as her needs related to her diabetes have now been ongoing for more than 26 weeks. They determine that Melissa is entitled to both the daily living and mobility component of ADP at the enhanced rate.
Due to the new diagnosis and variability of the condition, the case manager sets a 2 and a half year review period as Melissa may have learned to adapt to her condition by then, potentially leading to her only being entitled to a reduced award.
Six months after her initial determination, Melissa reports a change of circumstance, triggering an unscheduled review. She informs Social Security Scotland that she will be undergoing surgery on her eyes to treat her cataracts. The first operation is scheduled for in two weeks. She also reports that she has recently attended orthotics services and had a leg prosthesis fitted but is still adjusting to using this.
The case manager consults medical guidance and learns that the second cataract operation will most likely be scheduled three months after the first. Melissa can be expected to recover from the second surgery after three months. Given that her difficulties with managing her diabetes is strongly linked to her eyesight, the case manager establishes that it is more likely than not that she will learn to adapt to her diabetes within these three months, given that her eyesight will have improved significantly. Given that Melissa will have had more time to adjust to her condition by then, her need for assistance regarding her diet might have decreased or ceased by then as well.
The case manager establishes that a period of adjustment to a new prothesis would be reasonable but that this would likely be achieved in the same time period in which Melissa is receiving her cataracts surgeries.
The case manager establishes that it is more likely than not that Melissa’s needs will not change in a way that would impact her entitlement between now and her having fully recovered from the second cataract operation.
The case manager therefore makes a determination that Melissa remains entitled to the enhanced rate of both components of ADP. The case manager sets the review date for Melissa’s award for three months after her second surgery.
Melissa’s determination letter states that her review has been scheduled for three months after her second cataract surgery. This timeframe is intended to allow sufficient time for her to recover from the procedure and adjust to using her leg prosthesis. She was advised that the review would focus on obtaining an update on the outcome of her second cataract surgery and her ability to manage daily living and mobility activities while using the prosthesis. They remind Melissa that she must report a further change of circumstances, should her needs significantly reduce before her review. This is to avoid Melissa incurring an overpayment.
In some cases, the condition itself is likely to be so severe and enduring that it is appropriate to make an indefinite award shortly after the onset of the individual’s condition or disability. However, the individual must satisfy the backward test.
Example: An individual has a new progressive condition
Frank is 45 years old. He has experienced symptoms of fatigue, muscle pain, stiffness and weakness and swallowing difficulties over the last 2 years. Recently these symptoms have worsened significantly, and Frank was given a diagnosis of primary progressive multiple sclerosis (MS) 3 months ago.
In the statement of support, Frank’s family have indicated he appears weaker and fatigued and shows a lot more vulnerability to stresses in life. He is unable to perform a number of activities independently, leading to an increased reliance on family. He has had a number of falls and relies on assistance to wash and dress due to physical weakness and pain. He needs prompting to take his medications due to fatigue. He has reported swallowing difficulties, poor appetite, and weight loss. Frank’s mobility has been significantly impacted and he requires a walking frame to mobilise but is rarely able to leave the house due to pain and weakness.
Frank is receiving input from specialist services, but his condition appears to be progressing and his physical capabilities have decreased markedly in the last two years. The local authority is currently making adaptations to Frank’s home due to his increased needs.
The case manager establishes that although Frank only received a formal diagnosis 2 months ago, he has satisfied the backwards test as his needs relating to this condition have been ongoing for 2 years.
They determine that Frank’s diagnosis of primary progressive multiple sclerosis presents complex challenges that are unlikely to improve despite his young age. They determine that Frank is entitled to the enhanced rate of ADP for both the daily living and mobility components. Even though Frank has had his condition for a short time and is still adjusting to the changes, they decide to give an indefinite award. Not setting a review period is appropriate as multiple sclerosis is a long-term progressive condition and Frank is highly unlikely to experience a reduction in needs.
Franks’s determination letter advised him of the reasons that we would not be setting a scheduled review for his award in future as we had decided that he was entitled to an indefinite award. As no review date was set, the case manager was not required to outline any updates needed from Frank at his next review.
Ongoing, current or planned treatment or surgery
If the information available suggests that the individual is either:
- currently undergoing
- likely to soon undergo
a planned course of treatment or surgery that is expected to improve their overall condition or level of need, you should schedule a review after this, taking into consideration the time needed for recovery and possible rehabilitation.
Not all treatment or surgery will lead to a change in needs. Individuals might also receive treatment or undergo surgery to maintain their current level of needs. This could be the case, for example, if they have a degenerative condition. If unsure whether either:
- a scheduled review would be necessary after
- an indefinite award might be appropriate despite
an upcoming course of treatment or a planned surgery, you should request a case discussion.
Where the individual has multiple conditions, it is likely that planned treatment or surgery may not improve their overall level of need. You should therefore consider carefully the extent to which any treatment or surgery will likely change the individual’s overall level of need.
In the case of planned treatment, this may take place over a period of days, weeks or months. The review date should be a reasonable time after the planned treatment ends.
In the case of surgery, the review date should be a reasonable time after treatment, e.g. a surgery, is completed. This should include time for any recovery or adjustment to, e.g., new medication. What is reasonable will vary in every case, depending on the complexity of the treatment or surgery. It will also depend on whether the individual has any other health conditions, as well as whether any complications are common for a time after either.
An individual's ability to fully recover from treatment will vary, e.g. due to their age or complications during the treatment. For example, there will be a significant difference between the recovery an individual will make after having a hip replacement when they are 56 and 86 years old. One might be expected to recover reasonably well, while the other is at higher risk of post-operative complications and might never fully recover.
If you need guidance on likely recovery times, you should use medical guidance or request a case discussion with a practitioner.
Many individuals will be receiving ongoing or regular treatment, or take medication, to manage their conditions or disability. Medication can have side effects that can impact on an individual's overall level of need.
The likelihood of the individual’s needs changing might also be impacted by the amount of time they have been taking their medication.
For example, due to drug resistance and increased tolerance over time, it is possible that the impact of an individual's medication on their level of need will change over the course of their prescription. For more information on medications refer to Drugs A to Z | BNF | NICE
Similarly, it can take time and multiple trials for an individual to receive medication that is effective and manageable for them.
For example, an individual who is newly diagnosed with ADHD may just have begun their first trial of medication, and have yet to receive any support to allow them to self-manage their condition. Based on their condition and information on the medication, it can be expected that they may require a couple of ADHD reviews and medication changes to find a medication that works well for them, and to learn how best to manage their condition. Here, a shorter review period may be reasonable.
In contrast, an individual with ADHD who both:
- has tried numerous medications over the past 10 years
- is aware of self-management techniques
may have more stable needs. Here, a longer review period may be appropriate.