Exceptions

Young people who are ‘looked after’ by a local authority

A young person for purposes of this chapter is an individual under the age of 18.

Local authorities have a duty to safeguard and promote the welfare of young people in their area who are in need. A young person may be considered ‘in need’ because they have a disability (Children (Scotland) Act 1995 s. 93(4)(a)(iii)).

Young people may be “looked after” by a local authority. This means providing accommodation for a young person who lives in that local authority area and either:

• has no one who is responsible for them
• is lost or has been abandoned
• has someone who is responsible for them but who cannot provide them with suitable accommodation, either permanently or temporarily (Children (Scotland) Act 1995 s. 25)

Local authorities also have a duty to make such services available for young people who are cared for by their own family, that the local authority thinks are reasonable (Children (Scotland) Act 1995 s. 17(1)(b)).

An individual is not considered resident in a care home, and therefore entitled to continue to receive payment of ADP as normal when a local authority places them temporarily in a private home with another family, relative or another person if either:

• the individual is aged under 18 and their health or development is likely to be significantly affected unless the local authority provides services
• the individual is under 18 and is disabled

An individual is also not considered a resident in a care home, and therefore entitled to continue to receive payment of ADP as normal if both:

• the individual is placed in a care home outside of the UK
• the cost of any qualifying services are met either in full or in part by the local authority in the UK under section 25 of the Education(Additional Support for Learning) (Scotland (Act) 2004 (Education (Additional Support for Learning) (Scotland) Act 2004 s.25).

Self-funding placements in hospital

Individuals aged 18 and over are entitled to be paid the daily living and mobility components of ADP for the full period they are living in hospital if the full cost of the qualifying services are privately funded (ADP regs, Reg.28(1)(b) & 28).

Self-funding placements in a care home

Individuals are entitled to the daily living component for the full period they are living in a care home if the full cost of the qualifying services are paid for either:

• entirely by the adult or young person
• partly by the adult or young person and partly by another person such as a parent, guardian or a charity. This does not include a local authority in the UK.
• by another person or paid for by a charity, which doesn’t include a local authority anywhere in the UK (ADP regs, Reg 27 (4)).

Individuals in receipt of low-income benefits

Low-income support should be considered a part of an individual’s private income when determining if their place in a care home is publicly funded (ADP regs, Reg 27 (4)). E.g: if they are paying for a place in a care home, hospice or similar institution, using a Universal Credit award or Housing Benefits, and the cost of their stay is not also partly paid for by public funds, the individual is still entitled to their ADP benefit after the first 29 days have passed.

Under 18 in hospitals

Individuals who are under 18, on the day on which they are admitted to a hospital or similar institution, are entitled to be paid the daily living and/or mobility component(s) of ADP for the full period of their hospital admission This applies in instances where an individual is in a hospice, which is considered a hospital, but they aren’t terminally ill (ADP regs, Reg. 28(5)).