Applying for PADP after an interval
Where an individual makes an application for PADP and both:
- had a previous award of Attendance Allowance or PADP within the last two years
- is being awarded either the same rate, or a lower rate, of PADP when compared to the previous award of Attendance Allowance or PADP the backwards test does not apply (PADP regs, reg. 8)
However, if an individual has made an application for PADP and both:
- had a previous award of Attendance Allowance or PADP within the last two years
- is being awarded a higher rate of PADP when compared to the previous award of Attendance Allowance or PADP the backwards test does apply (PADP regs, reg. 8).
Example: an individual had a previous award of PADP within the last two years, and is entitled to the same rate of PADP under their new application
John is 72 years old and previously had an award of PADP at the lower rate. John’s entitlement to PADP ended on 5 January 2025 following an unscheduled review after he notified Social Security Scotland of a change of circumstances. On 17 August 2025, John made a new application for PADP.
The case manager recognises that John had a previous award of PADP which was within the last two years.
The case manager decides that John meets the criteria for the lower rate of PADP. This is the same rate of PADP as he had from his previous award that ended within the last two years.
As John is entitled to the same rate of PADP when compared to his previous award within the last two years, the case manager does not need to apply the backwards test. Therefore, John is entitled to PADP from 17 August 2025.
Example: an individual had a previous award of PADP within the last two years, and is entitled to a higher rate of PADP under their new application
Alison is 75 years old and previously had an award of PADP at the lower rate. Alison’s entitlement to PADP ended on 5 January 2025 following an unscheduled review after she notified Social Security Scotland of a change of circumstances. On 17 August 2025, Alison made a new application for PADP.
The case manager recognises that Alison had a previous award of PADP which was within the last two years.
The case manager decides that Alison meets the criteria for the higher rate of PADP. This is a higher rate of PADP than she had from her previous award that ended within the last two years, as Alison previously received the lower rate of PADP.
As Alison is entitled to a higher rate of PADP when compared to her previous award within the last two years, the case manager does need to apply the backwards test.
Based on the application form and communication with Alison, the case manager determines that Alison’s current level of need started on 1 May 2025. As Alison will need to satisfy the backwards test of 26 weeks, her entitlement to PADP starts from 30 October 2025.