End of entitlement
An individual’s entitlement to STA ends on the day:
- the individual asks for the STA payment to be cancelled (ADP Regulations, Schedule 2, Part 1, para 3(2)(a))
- a determination is made on a re-determination request (ADP Regulations, Schedule 2, Part 1 para 3(2)(b))
- the First-tier Tribunal makes a decision (ADP Regulations, Schedule 2, Part 1, para 3(2)(c))
- the First-tier Tribunal refuses permission to make a late appeal (ADP Regulations, Schedule 2, Part 1, para 3(2)(d))
- the individual withdraws their application to bring an appeal against the determination of their entitlement (ADP Regulations, Schedule 2, Part 1, para 3(2)(e))
- their entitlement is reduced to zero as a result of going into a care home, admission to hospital, legal detainment, or enters alternate accommodation (ADP Regulations, Schedule 2, Part 1, para 1(6))
In cases where the decision of the First-tier Tribunal is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014, and the individual has previously been awarded STA, Social Security Scotland will make a determination without application on the individual’s entitlement to STA (ADP Regulations, Schedule 3, para 1(3)).
In cases where the First-tier Tribunal set aside a decision by Social Security Scotland not to accept a request for a re-determination, and Social Security Scotland had also decided that the individual was not entitled to STA, Social Security Scotland will make a determination without application on the individual’s entitlement to STA (ADP Regulations, Schedule 2, Part 1, para 1(4)).
In cases where a re-determination may have gone beyond the 56-day timescale and is out-of-time, STA will be continued to be paid to an individual until the re determination is completed.
Example: STA start date, end date and value
After a determination to reduce their total ongoing payment from £128.65 per week to £95.00 per week, on 23 April 2023 an individual both:
- requests a re-determination
- applies for STA.
The request for STA is accepted and is payable from 23 April 2023. The value of STA is £33.65 which is the difference between the:
- ‘old’ total value of their ongoing payment (the longstanding award)
- ‘new’ total value of their ongoing payment (the current award)
At re-determination on 30 May 2023, the determination to reduce the ongoing payment is upheld. The individual is notified, and STA stops being paid from 30 May 2023.
The individual submits an appeal on 15 June 2023 and requests STA. The appeal is accepted by the FtT and STA is payable from 15 June 2023. On 20 August 2023, the FtT upholds the re-determination which reduced the ongoing payment. STA stops being paid from the same date.
Example: STA start date, end date and value
After a determination to reduce their total ongoing payment from £128.65 per week to £95.00 per week, on 15 February 2023 an individual both:
- requests a re-determination
- applies for STA
The request for STA is accepted and is payable from 15 February 2023. The value of STA is £33.65, which is the difference between the:
- the ‘old’ total value of their ongoing payment (the longstanding award)
- ‘new’ total value of their ongoing payment (the current award)
At re-determination on 25 March 2023, the determination to reduce the ongoing payment is upheld. The individual is notified, and STA stops being paid from 25 March 2023.
The individual both submits an appeal and requests STA on 26 April 2023. The appeal is accepted by the FtT and STA is payable from 26 April 2023. On 2 July 2023, the FtT both:
- overturns the re-determination which reduced the ongoing payment
- confirms entitlement at the original rate of £128.65 per week. STA stops being paid from 2 July 2023.
Example: STA start and end dates when late appeal accepted
On 11 August 2023, an individual both:
- submits a late appeal against an earlier determination to reduce an ongoing payment of ADP from £95.00 per week to £68.10 per week
- applies for STA
The FtT consider the request and accepts the late appeal with payment of STA starting on 11 August 2023 at a rate of £26.90 per week which is the difference between the:
- the ‘old’ total value of their ongoing payment (the longstanding award)
- ‘new’ total value of their ongoing payment (the current award)
On 29 November 2023, the FtT decide the appeal.
STA is payable for the period between 11 August 2023 and 29 November 2023.
Example: STA start and end dates when late appeal not accepted
On 19 September 2023, an individual both:
- submits a late appeal against earlier determinations to reduce an ongoing payment of ADP from £95.00 per week to £68.10 per week
- requests STA.
On 5 October 2023 the FtT refuse permission for the late appeal.
STA is still payable in this situation for the period between 19 September 2023 and 5 October 2023.