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When an Attendance Allowance award that ended at the point of case transfer is retroactively changed
There may be cases where the Attendance Allowance award that was ended by the case transfer process is changed after the PADP determination is made due to following:
- Revision made by the DWP
- Supersession made by the DWP
- Decision made by a tribunal or court on appeal.
These are the ways in which an Attendance Allowance award can be changed in the UK system. Where the Attendance Allowance award that was ended at the point of case transfer is changed sometime after the case transfer process has completed, the case manager must make a determination without application of the person’s PADP award (PADP regs, reg. 40(c))
This determination without application does not need to result in the PADP award mirroring the changes made to the Attendance Allowance award. Case managers should consider the information and make a wholly new determination based on the information available. Just as when making any determination, the case manager should ask for further supporting information to make an accurate determination, if they feel they need it.
Where a case manager makes a determination without application for this reason, the date the change takes effect should be the point of case transfer (PADP regs, reg. 37(1)(a) and 38(1)(a)).
Example: Attendance Allowance award ended at point of transfer is retroactively changed
Min is 82 years old. Her case transferred six months ago and she is currently in receipt of PADP. However, after receiving advice, she contacted the DWP and requested a revision of her Attendance Allowance award. This is on the specific ground that the DWP decision maker failed to take into account relevant evidence they held when they made her most recent Attendance Allowance decision. The DWP decides that Min’s Attendance Allowance award was incorrect and revises the award to increase it. This takes effect from the day the Attendance Allowance decision was originally made.
The DWP will notify this change to Social Security Scotland. A case manager must now look at Min’s PADP award and make a determination without application. After reviewing the information received from the DWP, the case manager decides that Min’s PADP award should have been higher at the point of case transfer and should remain at that rate currently. Min’s PADP award is therefore increased from the date of the initial PADP determination.
However, case managers should limit the time period that such a change is in effect if one of the following applies:
- at some point after the point of case transfer the person’s circumstances changed
- it would otherwise be inappropriate for the change to the PADP award to be in effect past a certain date (Social Security (Scotland) Act 2018, section 27)
Example: Attendance Allowance award ended at point of transfer is retroactively changed – PADP award changed for a fixed period
Bill is 68 years old. His PADP entitlement began on 1 June 2025 as the result of determination without application made via the case transfer process. His PADP award was the lower rate just as his Attendance Allowance award was at the point of case transfer.
On 1 September 2025, Bill appeals the Attendance Allowance award that was ended at the point of case transfer. The tribunal finds that Bill’s Attendance Allowance award should have been the higher rate. Because Bill’s Attendance Allowance award was changed, a case manager must conduct a determination without application of his PADP award. A case manager reviews the information and decides Bill’s PADP award should have been the higher rate at the point of case transfer.
However, since Bill underwent medical treatment during 2025, his health has improved, his care needs have decreased and as of 24 October 2025 he no longer satisfies the night-time condition. The case manager makes the determination without application setting Bill’s PADP entitlement to the higher rate for the period of 1 June 2025 to 23 October 2025.