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Eligibility
An individual becomes entitled to apply for STA when a new determination by Social Security Scotland results in their entitlement to assistance being stopped or reduced (PADP regs, Schedule, Part 1, para. 1(1)).
An individual needs to make an application for STA. Entitlement to STA begins (1 PADP regs, Schedule, Part 1, para 1 (7)):
- Where a request for a re-determination is made, on the day when a re determination request is accepted by Social Security Scotland (PADP regs, Schedule, Part 1, para. 1 (7)(a))
- Where a request for an appeal is submitted, on the day the individual requested the appeal when an appeal request is accepted by the Scottish Courts & Tribunals Service (PADP regs, Schedule, Part 1, para. 1 (7)(b))
- on the day the First-tier Tribunal sets aside the decision by Social Security Scotland to not accept a late request for re-determination (PADP regs, Schedule, Part 1, para 1 (7)(c))
- on the day the individual submits a late request for permission to appeal to the First-tier Tribunal (PADP regs, Schedule, Part 1, para 1 (7)(d))
- on the day the Tribunal sets aside their own decision on entitlement in order to make a new determination on entitlement (PADP regs, Schedule, Part 1, para 1 (7)(e)).
The individual must also continue to meet the residence and presence requirements (PADP regs, Schedule, Part 1, para. 1(1)(d)(i)) to be entitled to STA. For more information please refer to the Residence and Presence chapter.
The individual is entitled to STA if they have become resident in another part of the United Kingdom and the issue being challenged through re-determination or appeal is the determination for the 13-week period beginning when the individual stops being ordinarily resident in Scotland2 (PADP regs, Schedule, Part 1, para. 1 (1)(d)(ii))
There are some situations when the value of PADP is reduced to £0. This happens when the individual is either:
- admitted into a care home for a period of more than 28 days (PADP regs, reg. 19, (1)&(2))
- admitted to hospital for a period of more than 28 days (PADP regs, reg. 20, (1)(2)&(3))
- held in legal detention for a period of more than 28 days (PADP regs, reg. 22, (1)(2)& (3)).
Payment of PADP resumes when the individual leaves the care home, hospital or legal detention. More information on when payments restart in each circumstance can be found in the relevant chapter.
STA is not payable when PADP has been reduced to £0 in the above circumstances. This is because although the payment is reduced, the individual’s entitlement has not changed.
Example: Decision on a first time application for PADP where a redetermination requested
An individual applies for PADP for the first time and is awarded the lower rate. They disagree with Social Security Scotland’s decision and requests a re-determination and apply for STA. The individual would not be entitled to STA in this situation as it is their first PADP award and therefore there has been no reduction to their award.
Example: Decision on a first time application for PADP where an appeal is submitted
An individual applies for PADP for the first time and is awarded the higher rate. The individual requests a re-determination and is awarded the lower rate of PADP. The individual disagrees with Social Security Scotland’s decision and submits an appeal, applying for STA at the same time. The individual would be entitled to STA in this situation as the value of entitlement at re-determination is lower than the value of entitlement originally.
Example: Decision to reduce ongoing payment
After a determination to reduce their ongoing entitlement, an individual requests a re determination which is accepted. The individual applies for STA 50 days after the re determination is requested but while the re-determination is still in progress. The individual is entitled to STA in this situation. The payment of STA will be backdated to the date the request for a re-determination was made.
Example: Re-determination request made late
An individual requests a re-determination and applies for STA. They do this more than 42 days after receiving a determination to reduce their PADP entitlement from the higher rate to the lower rate. This had reduced the total value of their ongoing award. Social Security Scotland take 7 days to decide that the reason for the late request for re-determination is not accepted. The individual is not entitled to STA for any period in this situation as the individual is not challenging a reduction to their disability benefit award, as their re determination was not valid.
STA given in error
Like any other form of assistance there may be circumstances where STA is paid in error and the individual may be liable to repay Social Security Scotland. This includes where the person caused or contributed to the error, or where the error was of the kind an individual could reasonably be expected to notice (S63 &64 SS(S) Act 2018).
For example they:
- misrepresented or omitted relevant information from their STA application
- claimed the original benefit fraudulently and at the time of applying knew they were not entitled to either it or STA (PADP Regulations, Schedule, Part 1, para 1).
- Where payment of STA continues beyond the date that the individual has died, the estate of the individual is automatically liable to repay Social Security Scotland the value of that assistance (S69 SS(S) Act 2018)