Backdating - SRTI
In cases where the person’s PADP award is higher than their Attendance Allowance award due to the SRTI rules, their PADP entitlement can be backdated to whichever date is the latest of (PADP regs, Reg 17 and Sch 1, Part 3, para 11(2)(b)):
- the date the regulations came into force (21 October 2024)
- the date that the clinical judgement was made
- the date the person reached State Pension age (see the ‘Date of Award’ section of the SRTI chapter)
- one year before the date that the PADP determination was made
When PADP entitlement is backdated in this way for SRTI, the PADP award will be reduced by the value of Attendance Allowance the person was entitled to for any time periods that overlap (PADP regs, Sch 1, Part 3, para 12(b))
Example: Backdating PADP entitlement for transfer cases under SRTI
Grace is 85 years old. She has been receiving higher rate Attendance Allowance under special rules since January 2025, having previously received lower rate Attendance Allowance. She receives notice on 12 March 2025 that her case is going to transfer in about three months’ time. Her appointee gets in touch with Social Security Scotland two months before Grace’s PADP determination to explain that Grace has met the definition for SRTI in Scotland since a clinical judgement was made in 2022.
The case manager:
- looks at the information Grace’s appointee provides
- determines that she meets the Scottish definition for SRTI, and has actually done so since 2022
- When they make the initial PADP determination, backdates Grace’s PADP entitlement to 21/10/2024 (the date the regulations came into force). Grace’s PADP award for this time period is reduced by the amount of Attendance Allowance she was entitled to during the same time period. The case manager should look to the information provided by DWP to decide what this amount should be.