Entitlement to Pension Age Disability Payment

Individuals must meet the following criteria to be entitled to PADP.

Age

Individuals must be of State Pension age and older to be entitled to PADP (PADP regs, reg 17(1) ). An individual’s State Pension age varies depending on when they were born.

For full details of the age criteria, see the PADP Rates and Criteria chapter.

Residence and Presence

Individuals must normally meet the following residence and presence criteria to be entitled to PADP:

• be ordinarily resident in Scotland (PADP Regs, Reg 9(1)(a))
• be habitually resident in the Common Travel Area (PADP Regs, Reg 9(1)(b))
• not be subject to immigration control (PADP Regs, Reg 9(1)(c))
• be present in the Common Travel Area and has been present for at least 26 weeks in total out of the previous 52 weeks (PADP Regs, Reg 9(1)(d) and (e))

There are a number of special circumstances in which an individual will be treated as if they have met some or all of the residence and presence conditions. For more information, see the Residence and Presence chapter

The backwards test

Individuals must also satisfy the backwards test to be entitled to PADP. For full details please see the Backwards Test chapter.

The backwards test is the amount of time the individual must have met the criteria of entitlement for a particular rate of PADP. The backwards test for PADP is 26 weeks (PADP Regs, Reg 5(6))

The backwards test helps to distinguish short term needs from long term needs for assistance.

An application can be submitted for PADP before the backwards test has been satisfied. If this happens, a case manager can make a determination that the individual is likely to satisfy the backwards test within a period of 26 weeks from when the application was received.

However, entitlement to PADP will not begin until the backwards test has been satisfied. This is when case managers will treat the application as being made (PADP Regs, Reg 27(2))

The backwards test does not apply if the individual applies under special rules for terminal illness (PADP Regs, Reg 18(2)). For more information, see the Special Rules for Terminal Illness chapter.