Entitlement to PADP beginning while in ‘alternative accommodation'

An individual could be moving immediately into alternative accommodation on the day that they move to Scotland. The PADP rules refer to accommodation in a care home, hospital or similar institution or legal detention as alternative accommodation. The value of PADP is reduced to £0 when an individual is resident in alternative accommodation on the day that entitlement to PADP begins (PADP Regs, Reg. 24(2))

An individual who moves to Scotland from somewhere else in the United Kingdom will not see their PADP entitlement begin until their AA entitlement ends, which will be on a date fixed by the DWP. As a result, their PADP is unlikely to begin until they have been in alternative accommodation for a period.

Case managers will need to consider the alternative accommodation chapters in detail when deciding which £0 value rules and time periods apply to a person moving to alternative accommodation in Scotland. This will depend on when they move into the alternative accommodation in Scotland and when their entitlement to PADP commences.

An individual’s move to Scotland must have been voluntary for them to be ordinarily resident in Scotland and entitled to PADP. For example, if someone is moved from rest of the UK to a Scottish prison, they would not be ordinarily resident in Scotland. Their ordinary residence would remain in the rest of the UK. The same rule applies when someone is moved involuntarily from Scotland to the rest of the UK and they would remain ordinarily resident in Scotland. See ‘Residence and presence for Pension Age Disability Payment’ chapter for more information about ordinary residence.