Entitlement to ADP

Individuals must meet the following criteria to be entitled to ADP.

Age

Generally, individuals must:

• be 16 years old or over,to be entitled to either component of ADP (ADP regs, reg 22(1)(a))
• be under pensionable age or, if higher, 65 years old to be entitled to either component (ADP regs, reg 22(1)(b))
  
  Pensionable age or, if higher, 65 years old is referred to as the relevant age. In relation to the relevant age, there are exceptions to this rule. These are covered in detail in the ‘Eligibility according to age’ chapter. 

Individuals must be under the relevant age on the date that their entitlement to ADP begins. Individuals over the relevant age are still entitled to ADP if they made an application prior to the relevant birthday and the determination isn’t made until after they have reached the relevant age. Furthermore, individuals over pensionable age will also be entitled if they are transferring from Personal Independence Payment to ADP (ADP regs, reg 23 &24).

Where an individual has reached the relevant age and then makes an application for ADP, they may be entitled to ADP if they were entitled to the same component as covered in the new application as part of a previous award of Adult Disability Payment, Personal Independence Payment or Disability Living Allowance which ended not more than one year before the day the new application is made. Under these circumstances a case manager should not apply the relevant age rule (ADP regs, reg 23).

Individuals over pensionable age who do not meet the age criteria or the exceptions covered in the Age Criteria DMG chapter can apply for Attendance Allowance. (And in some local areas are able to apply for Pension Age Disability Payment [link to Pension Age Disability lines to take guidance]).

Where an individual was born on 29 February, their birthday should be taken to fall on 28 February in a year which is not a leap year (ADP regs, reg 22(3)).

Residence and Presence

Individuals must normally meet the following residence and presence criteria to be entitled to ADP:

• be ordinarily resident in Scotland (ADP regs, reg 15(1)(a))
• be habitually resident in the Common Travel Area [link to residency and presence chapter – Common Travel Area] (ADP regs, reg 15(1)(b))
• not be subject to immigration control (ADP regs, reg 15(1)(c))
• be present in the common travel area and has been present for at least 26 weeks in total out of the previous 52 weeks (ADP regs, reg 15(1)(d) and (e))

There are a number of special circumstances in which an individual will be treated as if they have met some or all of the residence and presence conditions. For more information, see the Residence and Presence Chapter.

The backwards and forwards tests

Individuals must also satisfy the required period to be entitled to ADP. The required period is made up of the backwards and forwards tests. 

The backwards test is the amount of time the individual must have met the criteria of entitlement for ADP. The backwards test for ADP is 13 weeks. (ADP regs, reg 10(3))

The forwards test is the amount of time the individual is likely to meet the criteria of entitlement for ADP. The forwards test for ADP is 39 weeks. (ADP regs, reg 10(3))

An individual needs to satisfy both criteria to be entitled to ADP. This helps to distinguish short-term from long-term needs for assistance.

An application can be submitted for ADP before the backwards test has been satisfied. If this happens, a case manager can make a determination that the individual is likely to satisfy the backwards and forwards tests.

However, entitlement to ADP will not begin until the backwards test has been satisfied. This is when case managers will treat the application as being made (ADP regs, reg.35(2)).

There are no backwards or forwards tests to apply if an individual applies under special rules for terminal illness. For more information, see the Special Rules for Terminal Illness chapter. (ADP regs, reg. 26).