New applications for ADP
An application for Adult Disability Payment (ADP) can be treated as made on the day it’s received. However, if the individual is likely to meet all of the relevant criteria, including the age criteria within 13 weeks of the date the application is received, you can choose an alternative date within these 13 weeks on which the application is treated as made. (ADP regs, reg. 35(1)& 35(2))
An individual may apply for ADP up to 13 weeks before their 16th birthday. However, the earliest they can be paid is their 16th birthday.
An individual can make an application for ADP before reaching the relevant age, but a determination may not be completed until after they reach the relevant age. If the only reason not to make an award is that the individual has now reached the relevant age, age eligibility will not apply in these circumstances and an award of either or both components can be made. (ADP regs, reg. 24(b))
Example: an individual applies before reaching the relevant age, but a determination is only made after the individual reaches that age
Application form
Margaret was born on 10 September 1956 and as a result the date in which she reached the relevant age was 10 September 2022.
Details of condition
Margaret had a stroke on 1 August 2022 and due to the after-effects caused by this, she applied for ADP for the first time on 1 September 2022.
Case manager’s decision
A determination was made on 25 September 2022 that found Margaret was entitled to the daily living component of ADP at the enhanced rate.While this determination was made after Margaret reached the relevant age, because she applied prior to this, she was entitled to ADP.
Margaret’s entitlement for ADP began 13 weeks following her stroke, on 31 October 2022 when she met the backwards test, and it was deemed her condition was likely to meet the forwards test as well.
When a clinical judgment of terminal illness was made prior to the date the individual reached the relevant age
Where an individual is terminally ill and a clinical judgement of this was made prior to the date the individual reached the relevant age, a determination of ADP should still be made even where the application and/or supporting information was received after the individual reached the relevant age.
This is because their entitlement would in those circumstances, be determined to start on the date of their clinical judgement, and so they will have been found to be entitled to an award before they reached the relevant age. (ADP regs, reg. 24(a),&26(4))