Ordinary residence in Scotland
- All applicants living in Scotland must be ordinarily resident in Scotland to be eligible for ADP, regardless of that individual’s nationality (Reg 15 (1) (a)).
- Ordinary residence is established if:
- someone lives in a particular place for the time being
- their stay is of a short or long duration
- there is continuity in their stay apart from temporary or occasional absences.
- they have decided to live there voluntarily
- Ordinary residence has been defined by the courts over time rather than in legislation. It is a question of fact to be decided on the circumstances of each case whether and when ordinary residence has been established.
- A person can have more than one ordinary residence at the same time if they genuinely live between two addresses. For example, a student may have a term time addresses for study and a family home where they spend holidays.
- The intentions of an individual with no fixed address are important in considering where they are ordinarily resident; decision makers should consider where they intend to live, what steps they have taken in that regard, and what their address history suggests.
- ADP regulations prevent an individual from receiving:
- ADP and Disability Living Allowance (DLA) at the same time
- ADP and Personal Independence Payment (PIP) at the same time (Reg 4)
ADP is the form of assistance which replaces PIP and DLA for individuals living in Scotland. Decision makers should check whether the individual has an ongoing DLA or PIP award or application with DWP.
Examples on Ordinary Residence in Scotland:
Esme lives in Dundee. Esme is ordinarily resident in Scotland.
Jack lives in Carlisle and travels across the border into Scotland during the week each day for work. Jack is not ordinarily resident in Scotland.
Ben lives in Carlisle. He attends university in Dumfries, where he lives in student accommodation during term time. Ben is ordinarily resident in both England and Scotland and can therefore qualify for ADP.