When the change in entitlement should begin if the individual meets the criteria for a higher award

Mark, who has dementia, has been receiving the lower rate of PADP. His partner, who has been supporting him, has been aware of Mark’s memory worsening and now he requires help with most daily tasks, including personal hygiene, toileting, and getting dressed. He has also begun to wander overnight, sometimes trying to leave the house, and needs to be encouraged to go back to bed most nights. The new level of needs starts on 1 January 2023. Over the next week, Mark’s partner realises that Social Security Scotland should be notified of this change.

Social Security Scotland carry out an unscheduled review as a result of the change of circumstances Mark reported. It is determined that Mark should receive the higher rate of PADP, starting from the date he first meets the requirements for the higher award. This means the increase in award will start from the date 26 weeks after the date the increase in needs occurred. This is the 2 June 2023, because he will have satisfied the backwards test at this point.

In the scenario above, Mark’s partner became unwell and was admitted to hospital before being able to support Mark in notifying Social Security Scotland of the change. When Mark’s partner returned home they supported Mark to notify Social Security Scotland but this was on 1 May 2023, several months later. This would be considered a good reason for taking longer than a month to notify, and Mark should receive the higher rate of PADP, starting from the date Mark first meets the requirements for the higher award. As in the above scenario this will be on the 2 June 2023 which is 26 weeks after the date his needs increased.

Angus has had Parkinson’s disease for 4 years. He was initially receiving the lower rate of PADP. He experiences an increase in his symptoms, meaning he requires help with many daily tasks due to the tremor in his hands. This includes assistance using and getting to the toilet, which he now needs to do overnight, so he now requires assistance during both day and night time. These changes are present from 1 January 2023. Angus notifies Social Security Scotland of the changes, and this was received by post and stamped by the mailroom on 1 July 2023, but gives no reason for the delay, except to say he “didn’t get around to it”.

Social Security Scotland carry out an unscheduled review as a result of the changes Angus has reported. It is determined that Angus should receive the higher rate of PADP. The increase in award can only start from 1 July 2023, when Angus reported the change. The backwards test has already been met on 1 July 2023 as it has been more than 26 weeks since the change happened in January.