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Relationship with the date of application
The date of application is usually the date on which the application is received by Social Security Scotland (PADP Regs, reg. 27(1)(a))
Individuals do not need to wait until the backwards test is complete before making an application for PADP. If the individual considers that it is likely they will meet the backwards test within 26 weeks, they can submit an application. This is called a pre-emptive application.
If the individual applies before they meet the backwards test, but likely will do within 26 weeks of making the application, the date the application is treated as being made is the date on which the individual meets the conditions of entitlement (PADP Regs, reg. 27(1)(b) and (2)).
Example: an individual applies for PADP before the backwards test is met
Archie is 70 years old and has heart failure which causes him to be short of breath, even at rest. He applies for PADP on 1 September. He notes on the application that his care needs, due to being breathless, began on 23 June. However, the backwards test will not be met until 22 December. Although Archie submitted his application on 1 September, Social Security Scotland will treat his application as being made on 22 December, the date that he satisfied the backwards test.