Eligibility
An individual becomes entitled to apply for STA when a new determination by Social Security Scotland results in their entitlement to assistance being stopped or reduced (ADP Regulations, Schedule 2, Part 1, para 1(1)(a)(i)&(ii))
An individual needs to make an application for STA. Entitlement to STA begins (ADP Regulations, Schedule 2, Part 1, para 1(7))
- Where a request for a re-determination is made, on the day the request for re-determination is received by Social Security Scotland (ADP Regulations, Schedule 2, Part 1, para 1(7)(a))
- Where a request for an appeal is submitted on the day the request is received by Social Security Scotland (ADP Regulations, Schedule 2, Part 1, para 1(7)(b))
- on the day the First-tier Tribunal sets aside the decision by Social Security Scotland to not accept a late request for re-determination (ADP Regulations, Schedule 2, Part 1, para 1(7)(c))
- on the day the individual submits a late request for permission to appeal to the First-tier Tribunal ADP Regulations, Schedule 2, Part 1, para 1(7)(d))
- on the day the Tribunal sets aside their own decision on entitlement in order to make a new determination on entitlement (ADP Regulations, Schedule 2, Part 1, para 1(7)(e))
The individual must also continue to meet the residence and presence requirements (ADP Regulations, Schedule 2, Part 1, para 1(1)(c)(i)) to be entitled to STA. For more information please refer to the Residence and Presence chapter.
The individual is entitled to STA if they have become resident in another part of the United Kingdom and the issue being challenged through re-determination or appeal is the determination for the 13-week period beginning when the individual stops being ordinarily resident in Scotland (ADP Regulations, Schedule 2, Part 1, para. 1(1)(c)(ii)).
There are some situations when the value of the components for ADP is reduced to £0. This happens when the individual:
- is admitted to a care home (which includes a residential educational establishment) for a period of more than 28 days. In this situation the daily living component is reduced to £0 (ADP Regulations 27(2))
- is aged 18 or older (ADP Regulations 28(1)) and is admitted into a hospital for a period of more than 28 days. In this situation both components are reduced to £0. This does not apply where the person is under the age of 18 on the day they began the period as an in-patient (ADP Regulations 28(2))
- is held in legal detention for a period of 28 days. Where the individual is 18 years of age or older both components are reduced to £0. Where the individual is 16 or 17 years of age the daily living component is reduced to (ADP Regulations 30(3))
Where a person is already resident in a care home (including a residential educational establishment) on the day on which their entitlement to ADP begins, the value of the daily living component will be £0 for as long as the person resides in the care home (ADP Regulations 32(2)(a)).
Where a person is aged 18 or older is already resident in a hospital on the day on which their entitlement to ADP begins, the value of both components are reduced to £0 for as long as the person resides in the hospital (ADP Regulations 32(2)(b)).
Where a person is aged 18 or older and is already in legal detention on the day on which their entitlement to ADP begins, the value of both components will be £0 for as long as the person resides in legal detention. If the person is aged 16 or 17, the value of the daily living component will be £0 for as long as the person resides in legal detention (ADP Regulations 32(2)(c)).
The relevant component payment resumes when the individual leaves the care home (including residential educational establishment), hospital or legal detention.
STA is not payable when the relevant component has been reduced to £0 in the circumstances described above. This is because although the payment is reduced, the individual’s entitlement has not changed.
Examples of entitlement to STA
Example: Decision on a first-time application for ADP
An individual applies for ADP for the first time and is awarded the standard rate for both components of the benefit. They disagree with Social Security Scotland’s decision and request a re-determination and apply for STA. The individual would not be entitled to STA in this situation as it is their first ADP award and therefore there has been no reduction to their award.
Example: Decision to reduce ongoing payment
After a determination to reduce their ongoing entitlement, an individual requests a re determination which is accepted. The individual applies for STA 40 days after the re determination is requested but while the re-determination is still in progress. The individual is entitled to STA in this situation. The payment of STA will be backdated to the date the request for a re-determination was made.
Example: Re-determination request made late - ADP
An individual requests a re-determination and applies for STA. They do this more than 42 days after receiving a determination to reduce their daily living component entitlement from Enhanced to Standard. This had reduced the total value of their ongoing award. Social Security Scotland take 7 days to decide that the reason for the late request for re-determination is not accepted. The individual is not entitled to STA for any period in this situation as the client is not challenging a reduction to their disability benefit award, as their re-determination was not valid.
STA given in error
Like any other form of assistance there may be circumstances where STA is paid in error and the individual may be liable to repay Social Security Scotland. This includes where the person caused or contributed to the error, or where the error was of the kind an individual could reasonably be expected to notice (S63 &64 SS(S) Act 2018).
For example they:
- misrepresented or omitted relevant information from their STA application
- claimed the original benefit fraudulently and at the time of applying knew they were not entitled to either it or STA (S63 & 64 SS(S) Act 2018).
Where payment of STA continues beyond the date that the individual has died, the estate of the individual is automatically liable to repay Social Security Scotland the value of that assistance (S69 SS(S) Act 2018).