If entitlement to PADP is based on an AA award that later changes

Social Security Scotland must make a further determination without application if:

• the case manager has made a determination that the individual is entitled to PADP as a result of a move to Scotland from another part of the UK; and
• the AA award that the case manager took account of changes immediately before the move to Scotland; and
• this change occurs after the initial determination without application is made.

Although this change in AA award must occur after the move and after Social Security Scotland make the initial determination without application, the change in the AA award will relate to a period immediately before the move when the individual was entitled to AA.

The change in AA award must be as a result of (PADP Regs, Reg. 40(d)):

• the DWP or DfC deciding to revise or supersede the AA award;
• the individual successfully appealing the AA award to a Tribunal or a Social Security Commissioner; or
• the DWP or DfC deciding to reconsider the AA award.

Entitlement to PADP begins on the day after the day on which the individual’s entitlement to AA ended (PADP Regs, Reg. 44(2))