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Residence
A PADP determination made as part of the case transfer process assumes that the residence and presence conditions are met (PADP regs, Sch 1, Part 3, Para 9(5)(b))
If the case manager later determines that the assumption was incorrect, they must make a determination without application (PADP regs, reg. 42). Where this finds that the person did not meet the residence and presence conditions in the initial PADP determination, it will replace that initial PADP determination. This has the effect of undoing the transfer. See guidance on when a previous determination is based on an error.
Example: Assumption of residence for transferred cases
Gordon is 79 years old. The information received from DWP in relation to Gordon’s Attendance Allowance award stated he normally lived at an address with a Scottish postcode. Assuming this information was correct, Gordon’s case was selected for transfer and a determination was made that Gordon was entitled to PADP. His Attendance Allowance award ended as a result. Six months later, Gordon advises that he did not normally live in Scotland when the PADP determination was made; he lived in England but had not updated his address with DWP. The assumption that the residence conditions were met was incorrect. The case manager must therefore make a determination without application that finds Gordon was not entitled to PADP on the date of transfer.