Two stage process
Where someone with an award of Scottish Adult Disability Living Allowance completes an application for Adult Disability Payment, their Scottish Adult Disability Living Allowance award will be moved onto an interim Adult Disability Payment award that is made on a like for like basis as the previous Scottish Adult Disability Living Allowance award. This decision is referred to as the interim Adult Disability Payment determination (ADP Regulations, Schedule 2, Part 3A, Para 15A(2)) and does not take into account the information provided in the Adult Disability Payment application.
As soon as reasonably practicable after the interim determination, the case will be reviewed against the eligibility rules for Adult Disability Payment. The case manager must use the information supplied in the Adult Disability Payment application, and any other supporting information they feel is required to support the determination. This is called the “review determination” (ADP Regulations, Schedule 2, Part 3A, Para 15F) .
Note that the usual rules on limiting the mobility component for those who are over pension age do not apply to people who apply for Adult Disability Payment who have an award of Scottish Adult Disability Living Allowance. Those over pension age, who were born on or after 8 April 1948, can access all rates of the mobility component for both the interim and review determinations. This will only apply to applications made up until 31 December 2027. For applications made from 1 January 2028, the usual rules on limiting the mobility component will apply to interim and review determinations from this point (ADP Regulations, Schedule 2, Part 3A, Para 15F(5) and (6)). For any subsequent Adult Disability Payment determinations after the review determination, the usual rules on limiting the mobility component apply.
There is an exception to this two-stage process for those who meet the eligibility criteria for Special Rules for Terminal Illness (see para 15). They will be awarded the enhanced rate of both the daily living and mobility components as part of their interim determination without needing to be reviewed (ADP Regulations, Schedule 2, Part 3A, Para 15E).
Example: Two stage review process for Adult Disability Payment applications for individuals with an award of Scottish Adult Disability Living Allowance
Ivan receives the lowest care component and lower rate mobility component of Scottish Adult Disability Living Allowance. He seeks independent advice and decides to make an application for Adult Disability Payment. After a client advisor speaks to Ivan to confirm he is aware the Adult Disability Payment determination will end his Scottish Adult Disability Living Allowance award, Ivan is awarded the transitional daily living component and standard mobility component of Adult Disability Payment.
As soon as reasonably practical a review of Ivan’s Adult Disability Payment application takes place, and his application is assessed against the Adult DisabilityPayment rules. A review determination is made and Ivan is awarded the enhanced daily living component and enhanced mobility component. Because Ivan’s award has increased, his entitlement will be backdated to the date his application for Adult Disability Payment is treated as made (ADP Regulations, Schedule 2, Part 3A, Para 15H(1)) . Ivan is paid the difference between what he has already received and what he is now eligible for under his increased award.