Part of Adult Disability Payment decision making guide


Determination of an ongoing award after the individual has reached the relevant age

This section refers to individuals who are already in receipt of Adult Disability Payment (ADP) as opposed to applying through a new application.

Individuals who are in receipt of ADP and reach the relevant age will still be able to continue to receive ADP. Reaching the relevant age will not mean they are no longer eligible for ADP.(ADP regs, reg. 24(a))

When to carry out a determination without application

Where a change of circumstances occurs when an individual is over the relevant age, you must carry out a determination without application.

A determination without application also has to be conducted when medical evidence has been received that shows a change of circumstance for an individual over state pension age. (ADP regs, reg.25(2)(b)&48(a)) This evidence can be provided by:

  • a healthcare professional
  • another person approved by Scottish Ministers

(Link to Others Approved by Scottish Ministers in operational guidance)

You must also carry out a determination without application when you become aware of a material fact after an individual reaches the relevant age.(ADP regs, reg.25 (2) (b) & 48 (a))

Where medical evidence received after an individual reaches the relevant age is a clinical judgment that the individual has become terminally ill which is dated before the individual reached the relevant age, then the restrictions relating to the mobility component over the relevant age do not apply.(ADP regs, reg.25 (5))

 

Back to top