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Date of entitlement
The PADP backwards test does not apply to applications under Special Rules for Terminal Illness (PADP regs, reg 5(7)). For information on the date of entitlement for PADP under special rules for terminal illness, reference should be made to the Special Rules for Terminal Illness chapter.
Entitlement to PADP begins on whichever date is later, either the date part 1 is received by Social Security Scotland, or the date the individual meets all of the eligibility criteria (PADP regs, reg 27(2)(a) and (b)). This is provided that the individual returns a completed part 2 of the application within 8 weeks of the required data at part 1 being received (PADP regs, reg 27(4)).
If part 2 of the application is returned after 8 weeks, entitlement will begin on the date the application is treated as made, as described above (PADP regs, reg 27(3))
The date that an individual provides their full name and date of birth (the required data) should be clearly recorded, as this can influence when an individual becomes eligible for PADP
In some instances, the required data may not be supplied on the same date an individual submits part 1 of the application. For example, if the individual requests that both part 1 and part 2 are sent out in paper format, the required data will have been provided by the individual in order to trigger the issue of a paper part 1 and part 2.
If part 2 of the application is returned after 8 weeks, entitlement will begin on the date the application is treated as made, as described above (PADP regs, reg 27(5))
If the individual has good reason for why part 2 of the application is returned after 8 weeks, Social Security Scotland can decide to determine entitlement as if it had been returned within the 8 week period (PADP regs, reg 27(5) and (6)).
If Social Security Scotland does not accept the reasons for the late completion of part 2, the individual has the right to request a re-determination in relation to the start date of their PADP award.
Circumstances considered as good reason for the late completion of an application may include:
- where the individual could not complete the application due to a disability or health condition resulting in them being hospitalised
- a personal event, such as a bereavement, or some other major event or trauma
- where the individual has contacted Social Security Scotland to request more time, for example, to liaise with welfare rights support or to access accessibility support through a translation service or interpreter.
This list is not exhaustive. The case manager should consider the circumstances of each case on its own merit in determining what is ‘good reason’.
Example: Social Security Scotland considers that there is a good reason why an application was completed late
Kay begins an online application on 6 May. They submit part 1, and part 2 is triggered for completion. Part 2 states that it should be completed and submitted via the digital portal by 30 June.
Part 2 is not submitted until 9 July. When asked for why the application was completed late, Kay advises that they were admitted to hospital for emergency surgery on 21 June and were in hospital for 10 days. They had partially completed the form before this, and only felt up to completing the remainder a few days after being discharged.
The case manager considers Kay’s explanation for submitting the application form late and accepts good reason. This means their application is treated as being completed on time and the date of application can be accepted as 6 May, the date that part 1 was submitted to Social Security Scotland through the digital portal.
Example: An individual does not provide Social Security Scotland with a good reason for why their application was completed late
Magnus phones Social Security Scotland to start an application on 24 June. Part 1 is completed over the phone and a part 2 is sent out by post, advising him that this should be completed and returned by 18 August.
The completed part 2 is not received until 7 September. When asked for reasons why the application was completed late, Magnus advises that he completed the form and forgot to post it on time, and only remembered when he came across it again on 1 September.
The case manager decides this is not a good reason for lateness. This means that the date of application will be taken as 7 September, the date the full completed application, including both part 1 and part 2, was received by Social Security Scotland.
Case managers should accept the reason given at face value, unless it is very late and the reason appears highly improbable, in which case they should make further enquiries.
Other scenarios which the case manager may consider to be good reason are:
- technical issues in the digital portal preventing the individual from applying for PADP
- when no application form is received by the individual after they requested it
- when the actions of Social Security Scotland officials or the IT systems and processes prevent an individual from applying within the 8 week period.
In these scenarios both:
- good reason for lateness should be accepted, as long as the individual has completed it as soon as reasonably practical once the issue was resolved
- the entitlement to PADP should begin on the date the application was registered, where the individual satisfies the eligibility criteria (PADP regs, reg 27(4) and (6))