When a payment can be made

PADP should be paid every four weeks, in arrears (PADP regs, reg. 28(b)(i)). Where Special Rules for Terminal Illness apply, PADP should be paid weekly, in advance (PADP regs, reg 28(b)(ii)). 

Once the individual has provided part one of an application, they have eight weeks to complete the full application. The first payment should be backdated to the date of application if the individual satisfies the backwards test. The backwards test does not apply where Special Rules for Terminal Illness applies.

The first payment should be adjusted to include any arrears due before settling into a 4 week payment cycle. Arrears will be calculated from the date of receipt of part 1 of the application, providing that:

• the individual has submitted Part 2 of their application within the 8 week timeframe specified in the Regulations (unless a good reason for lateness is applicable1 )
• the Backwards Test was satisfied at the time of application (unless the Special Rules for Terminal Illness apply2 )
• there are no periods spent in legal detention, hospital or similar institutions for 28 days or more to take into account.

If they complete the application after the 8-week period without a good reason, payment will start from the date that the completed application is received1 . If the individual can give a good reason, then the start date of their award is the date that Social Security Scotland received part 1 of their application (PADP regs, reg. 27(3)).

A case manager should decide what constitutes a good reason (PADP regs, reg. 27(6)). For example, it may be that an individual does not submit a full application within the 8-week period because of:

• an action by Social Security Scotland
• an individual’s disability or health condition prevented them from submitting an application.

For more information on what constitutes a good reason, please refer to the Applying for PADP chapter.

The case manager can set the date of application as the date when the backwards test is satisfied if:

• the individual submits the application in full.
• the individual does not yet meet the criteria for the backwards test of 26 weeks (PADP regs, reg. 5(6))

In such circumstances, case managers can set the date of application as the appropriate date within a 26 week window from the full PADP application being received by Social Security Scotland.

For more information on the backwards test and how to deal with applications that do not yet satisfy the backwards test, please refer to the Backwards Test chapter.

Daily rate payments

There are circumstances in which PADP can be paid at a daily rate. This may be applicable to individuals living for a prolonged period in a care home or hospital.

If the individual has a period of absence from the institution, they may be paid at a daily rate. The daily rate is one-seventh of the weekly rate. (PADP regs, reg. 26(2))

The daily rate should be calculated from the day the individual goes on leave and ends the day after the individual returns to living alternative accomodation (PADP regs, reg. 23(3)). For more detail on this please refer to the Effect of time spent in care homes and hospitals chapter and the legal detention chapter. 

An individual who is terminally ill becomes entitled from whichever of these dates is earliest (PADP regs, reg. 18(3)):

• the date Social Security Scotland receives their application (which included information about the individual’s terminal illness)
• the date a registered medical practitioner (RMP) or registered nurse (RN) makes a clinical judgement that the individual meets the terminal illness definition (up to a maximum of 26 weeks prior to application being received). This cannot be earlier than 21 October 2024, as explained below.
• the date Social Security Scotland becomes aware that a current client is terminally ill either by them notifying through a change of circumstances or otherwise.

If the clinical judgement is dated before the person reached State Pension age, see the ‘Date of Award’ section of the SRTI chapter.

The date of award can be no earlier than 21 October 2024 which is the date the PADP Regulations commenced.