Value of Short-term Assistance
The value of STA payable is the difference between (ADP Regulations, Schedule 2, Part 1, para 2(1)):
- the value of assistance paid under the earlier determination
- and the value paid under the new determination
Examples of calculating STA value
The following rates are for illustrative purposes only and may not be accurate.
Example: Rate of STA payable - ADP
An individual is in receipt of ADP made up of the:
- enhanced rate daily living component of £110.40 per week
- enhanced rate mobility component of £77.05. per week.
The total value of the award is £187.45 per week.
After a review, a new determination is made, and the individual’s rates change. They now receive the:
- standard rate daily living component of £73.90 per week
- standard rate mobility component of £29.20 per week.
The total value of the award after the new determination is £103.10 per week.
The individual asks for a re-determination and applies for STA. STA is payable at a rate of £84.35 per week. This is the difference between the original total value of award and the new total value of award of ADP.
STA is only payable where the total value of the new determination payment is lower than the total value of the earlier determination payment.
Example: Calculating STA following case transfer
An individual transfers from PIP to ADP and receives a first award of:
- enhanced rate mobility component of £77.05 per week
- standard daily living component of £110.40 per week.
The total value of the award is £187.45 per week.
At scheduled review, a new determination is made, and the individual’s rate changes to:
- standard rate mobility component of £29.20 per week
- standard daily living component of £110.40 per week.
The total value of their award has been reduced to £101.35 per week.
The individual requests a re-determination and applies for STA. STA is payable at a rate of £86.10 per week, topping up the client’s award to the overall award amount they received prior to the review.
At re-determination, a new determination is made, and the individual’s award changes to:
- nil mobility
- standard daily living component of £73.90 per week.
They decide to appeal to the First-tier Tribunal and apply for STA. The individual is Eligible again for STA, as their most recent award is still lower than their longstanding award (their award prior to the scheduled review.)
The individual’s first award will be used to calculate STA value. The value of STA will be calculated from their first overall award of £187.45 - £73.90 (most recent re determination award) = £113.55 per week.
The individual will receive a top up of £113.55 per week until their appeal concludes. This means that the individual will receive the same overall award of £187.45 for the duration of their challenge.
Example: STA payable - Decision to increase one component and decrease the other
An individual asks for a re-determination after a review reduces their overall award. They apply for STA. Prior to the review, the individual previously received:
- nil daily living and
- enhanced rate mobility component at £77.05 per week.
Following their re-determination, they are awarded:
- standard rate daily living component of £73.90 per week
- nil mobility.
As STA is based on the overall award being lowered, the individual is eligible for STA. The individual would receive an award of STA at £3.15 per week (topping up the individual to their first award of £77.05 prior to their re-determination) and backdated to the date the request for a re-determination is made. An individual will receive this amount until their appeal concludes.
Example: STA not payable - Decision to increase one component and decrease the other
An individual has a first award of:
- standard rate mobility component of £29.20 per week
- nil daily living.
They request a re-determination and are awarded:
- nil mobility
- standard rate daily living component of £73.90.
The individual decides to appeal and applies for STA. In this instance, the individual is not entitled to STA as although one component was reduced, the total value of the award has increased. STA is only available where the overall payment of an award has been lowered.
Deductions
Where an individual has liability to Scottish Ministers for an overpayment under section 63 of the 2018 Act, STA may be paid to them in whole or in part, in the form of a deduction from that debt (ADP Regulations, Schedule 2, Part 1, para 4). This means the amount of STA paid and the amount of debt owed will be reduced.
If the individual has agreed to repay the debt by voluntary deduction, they can choose the amount of the deduction. Where they have not agreed to repay their debt, Scottish Ministers may put in place an enforced deduction, and will set the amount at a reasonable level, taking into account their financial circumstances.
This deduction could be a continuation of deduction that was already in place from the benefit that has been reduced or stopped, or it could be a new voluntary or enforced deduction. To affect the deduction a new determination of entitlement to STA must be made which is subject to re-determination and appeal rights. See Re-determination and appeal of decision on short-term assistance.
Start date of entitlement
STA entitlement begins where the following criteria are both met:
- an individual has a reduction to their longstanding award and
- they are challenging this reduction
Payment will begin on the exact date of the challenge being validated when a request for a re-determination or where a notice of appeal is submitted. It is only once the challenge has been validated that entitlement to STA begins.
Example: Re-determination form with application for STA cannot be immediately validated
A client has an unscheduled review on 5th of November which lowers their overall award.
The client requests a re-determination on 11th November 2024 and applies for STA. Social Security Scotland is unable to validate the request as the declaration on the re-determination form has not been signed. Social Security Scotland contact the client on 18th November 2024 and successfully validate the re-determination request and request for STA.
The client receives STA from the 18th of November, the date in which the re determination form was validated and the challenge began.
Example: Late re-determination request and subsequent STA application
After a scheduled review on 9th of August, an individual’s award is reduced. The individual does not immediately request a re-determination.
On 25th November, they decide to challenge the determination and submit a late re determination request, providing a good reason for lateness. Their late re determination form is accepted as valid by Social Security Scotland on the 2nd of December.
Subsequently, the client applies for STA on the 16th of December. The client is eligible for STA as a decision has not yet been made on their re-determination.
STA can be backdated to when the re-determination request was validated by Social Security Scotland. The client is awarded STA from the 2nd of December when their re-determination form was validated and when the challenge began.
Example: Start date where STA entitlement is apportioned on first week
A client has a review which reduces their overall award from £108.55 to £72.65 per week. They request a re-determination and request STA. Social Security Scotland validate the request on Friday 18th of October.
The value of STA is calculated as £35.90 which is the difference between the:
- ‘old’ total value of their ongoing payment (the longstanding award of £108.55)
- ‘new’ total value of their ongoing payment (the current award of £72.65)
As the request for re-determination was validated on Friday 18th October, the weekly rate of STA will be calculated from this date when entitlement began. This means that the rate of STA will be an apportioned entitlement, rather than a full week of entitlement.