Legal detention

This chapter looks at the effects of legal detention on entitlement to, and payment of, Adult Disability Payment (ADP) 

Individuals, over the age of 18, in receipt of either or both the daily living or mobility components of ADP will be paid £nil for both components after 28 days in legal detention (ADP regs, reg. 30(3)(a))

This is because the cost of meeting the daily living and mobility needs of individuals are met from public funds while they are in legal detention. For the purposes of determining payment of ADP, the first day in legal detention for individuals is the day after the day they enter legal detention, and the last day is the day before the day they are released.

Ongoing entitlement to, and payment of the mobility component of ADP is unaffected when an individual is in legal detention and aged 16 or 17 (ADP regs, reg. 30(3)(b)&32(2)(c)). However they will be paid £nil for the daily living component after 28 days in legal detention.

This chapter relates to the unscheduled reviews chapter which explains both:

• when an unscheduled review should take place
• what a determination without application is