When new determinations take effect

Attendance Allowance clients with a fixed term award will have a Pension Age Disability Payment scheduled review carried out by us after their case has transferred. In some of these cases, we have had to delay the review date so that it does not overlap with the case transfer process. In these cases where the review has been delayed, we may need to use the backdating guidance in the case transfer chapter to set the correct date for any increase of entitlement.

Please note this will not apply to all cases

For cases with a review date before 1 March 2026, you should check whether the review has been delayed because of case transfer. To do this, check the case transfer evidence in SPM for the end date of the DWP fixed term award, then subtract 20 weeks. If the result is the same as the review date in SPM, then follow the usual scheduled review process in this chapter. If the result is earlier than the review date in SPM, then follow guidance in the Pension Age Disability Payment Case Transfer chapter.

For any cases with a review date on or after 1 March 2026, and for all other scheduled reviews generally, follow the scheduled review guidance in this chapter.

Individuals in receipt of disability benefits have the duty to report changes of circumstances to Social Security Scotland (SS(S) Act 2018, s. 56). People are expected to report a change of circumstances that is likely to impact on their level of entitlement as soon as reasonably practicable after that change happened. This then triggers an unscheduled review.

The rules on when entitlement starts in these scenarios are set out in the Change of Circumstances: change in care needs DMG chapter.

However, people might not proactively report a change of circumstances and might only tell us about that change in their next scheduled review.

For scheduled reviews an increase in their entitlement will normally take effect on the date the case manager makes the determination (PADP regs, reg. 37(1)(e)).

In a situation where the award is due to increase and an individual proactively tells us that there are clear reasons as to why they were unable to report a change sooner, you should consider whether it would be unjust not to set an earlier start date for their increase in entitlement (PADP regs, reg. 37(2))

If the individual challenges the initial determination and gives a reason for why an earlier date should be considered the case manager must consider this and choose an earlier date if they feel it would be unjust not to do so. Where the scheduled review includes multiple changes, it is possible separate determinations may be needed. This will depend on the reason given (for an earlier date) and whether this affects all changes, or just one of them.

If you’ve established that it would be unjust not to set an earlier date, you should refer to the section “Setting an earlier start date if it would be unjust not to do so” for a change resulting in increased entitlement or for more detail on when these changes will take effect.

It is possible that a review reveals a decrease in the individual’s level of needs which they should have reported earlier. Where the individual has knowingly failed to report such a change or failed to notify the change as soon as reasonably practicable after that change occurring, the case manager would set the date of either :

• lower entitlement
• cessation of entitlement to the date the individual should have notified the change (PADP regs, reg. 38(1)(b)(i)). See guidance at section “If the decrease should have been reported sooner”.

In any other case where the review reveals a decrease this change should take effect from the date of the determination (PADP regs, reg. 38(1)(b)(ii)).

In a situation where the individual tells us that there are clear reasons why a later date would be more fair for a reduced award to commence from, you should consider whether it would be unjust not to set a later start date for their decrease in entitlement (PADP regs, reg. 38(2))

If you’ve established that it would be unjust not to set a later date, you should refer to the section “If the decrease should have been reported sooner” for a change resulting in decreased entitlement or ceased entitlement for more detail on when these changes will take effect.