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Date the application is to be treated as made
If the individual meets all of the entitlement criteria on the day part 2 of their application is received by Social Security Scotland, then their application is treated as made on that date (PADP regs, reg 27(1)(a)). This includes meeting the residence and presence rules, the age criteria and the backwards test in relation to the daytime and/or night-time conditions.
When an individual does not meet all of the eligibility criteria on the date Social Security Scotland receives their application, but they will do within the following 26 weeks, the date the application is treated as made will be the date within that 26 week period where all of the eligibility criteria are satisfied (PADP regs, reg 27(2)). These are referred to as pre-emptive applications.
Example: An individual has satisfied the backwards test
Ian is 73 years old and applies for PADP for the first time. He begins part 1 of the application via the online portal on 15 June and goes on to complete and submit part 2 of the application within the 8 week period. As Ian completed part 2 within 8 weeks, the case manager will use the 15 June date to consider whether Ian has satisfied the backwards test.
To meet the backwards test, Ian’s needs would have to exist on or before 16 December, which is 26 weeks before the date that part 1 of the application was received by Social Security Scotland. Ian tells us his needs began on 17 November. This means his needs have existed for more than 26 weeks and he therefore meets the backwards test. If the application is successful, Ian will be entitled to PADP from and including 15 June, the date he completed part 1, as he returned part 2 of the application within 8 weeks.
Example: An individual has not yet satisfied the backwards test
Georgia is 82 years old and had a stroke on 28 April. Georgia’s son applies for PADP on her behalf on 21 May. As her needs only began on 28 April, the backwards test will not be satisfied until 27 October, so no payment can be made before then.
The application is successful and the case manager determines Georgia is entitled to the lower rate of PADP. As the backwards test is met on 27 October, the case manager will treat the application as made on that date and payment will start from then (PADP regs, reg 27(2)(b)).