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Entitlement begins by case transfer whilst residing in a care home or hospital
f an individual has been living in a care home for 28 days or more on the day their case is transferred from DLA to Scottish Adult DLA, their entitlement to Scottish Adult DLA can begin but the amount of the care component is reduced to nil until the day they leave alternative accommodation (Scottish Adult DLA regs, reg. 27(3)(a)). The exceptions listed in the exceptions section apply.
If an individual has been in hospital for 28 days or more on the day their case is transferred from DLA to Scottish Adult DLA, their entitlement can begin, but the payment of either component of Scottish Adult DLA won’t begin until the day they are discharged from hospital. The exceptions listed in the exceptions section apply (Scottish Adult DLA regs, reg. 27(3)(a)(ii))
Example: Case transferred where the person has been in a care home for more than 28 days at the point of transfer
Morag is 77 and has been in a care home for six months. At the point of transfer, the care component of her DLA award has already been set to £nil because she has been in the accommodation for more than 28 days. After transfer, Morag will retain an underlying entitlement to Scottish Adult DLA, but her payment of the care component will continue to be £nil from the point of transfer, until she leaves the care home. Any mobility component that Morag is entitled to will be unaffected by her care home stay.
Resident in alternative accommodation for less than 28 days on the day entitlement to Scottish Adult DLA begins
When the person is in a publicly-funded care home or hospital at the point of transfer, the person’s Scottish Adult DLA should be put into payment:
- from the date their Scottish Adult DLA entitlement begins
- for a period of 28 days minus the period spent in the accommodation immediately prior to Scottish Adult DLA entitlement, where DLA was in payment (Scottish Adult DLA regs, reg. 27(4))
- On the day after the 28 days is reached, the payment of care component is reduced to nil if the person is in a care home; both components are reduced to nil if the person is in hospital.
Example: Case transferred less than 28 days after the person has entered hospital
Stan is 69 years old. He went into hospital during the transfer process. Stan had only been in the hospital for fourteen days before the point of case transfer (not counting the day he went into hospital), so his DLA was still in payment. On the date his Scottish Adult DLA entitlement begins, his Scottish Adult DLA must be put into payment for a further 14 days. If, after that time, he is still in hospital, he will be entitled to, but not paid, Scottish Adult DLA until he leaves alternative accommodation.