Click to edit SEO parameters
Residence
The transfer determination made as part of the case transfer process assumes the residence and presence conditions are met (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(6)(b)).
If the case manager later determines that the assumption was incorrect, they must make a determination without application (Scottish Adult DLA Regs, Reg 43) Where this finds that the individual did not meet the residence and presence conditions at the point of transfer, it will replace the transfer determination.
Example: Assumption of residence for transferred cases
The information received from Department for Work and Pensions in relation to Craig’s Disability Living Allowance award stated he normally lives at an address with a Scottish postcode. Assuming this information was correct, Craig’s case was selected for transfer and a determination was made that Craig was entitled to Scottish Adult Disability Living Allowance. His Disability Living Allowance award ended as a result.
Four months later, Craig advises that he did not normally live in Scotland when the Scottish Adult Disability Living Allowance award was made, rather he resided in Wales and did not update his address with Department for Work and Pensions.
The assumption that the residence conditions were met was incorrect. The case manager therefore makes a determination without application that finds Craig was not entitled to Scottish Adult Disability Living Allowance on the date of transfer.
Where someone was sent a notice of intention to transfer because they were ordinarily resident in Scotland, but the individual subsequently moves elsewhere in the UK before the case transfer completes, we should stop the case transfer. This will mean the individual will continue to receive Disability Living Allowance from the Department for Work and Pensions (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 6(3)).
When payments of Scottish Adult DLA should be made temporarily from the point of case transfer
Alternative Accommodation
Care Homes and Hospitals
When the person is in a publicly-funded care home at the point of transfer, the care component of 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. 22(2))
Where a person was in a publicly-funded care home for more than 28 days immediately before the point of transfer, the care component of their Scottish Adult DLA will be paid at a rate of £0 until they leave that accommodation.
When the person is in a publicly-funded 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. 23(2)).
Where a person was in a publicly-funded hospital for more than 28 days immediately before the point of transfer, their Scottish Adult DLA be paid at a rate of £0 until they leave that accommodation.
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.
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, 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.
For more information, reference should be made to the section ‘Entitlement begins whilst residing in a care home or hospital’ in the Alternative Accommodation chapter.
Legal Detention
If an individual is in legal detention when their case transfers from DLA to Scottish Adult DLA, their entitlement to Scottish Adult DLA can begin and they will be paid for the first 28 days (c)). From day 29, their entitlement will be reduced to nil until they leave legal detention. If they return to legal detention within one year, their payment will be affected as described in the Linked periods in legal detention section in the chapter on Alternative Accommodation.
For more information, reference should be made to the Alternative Accommodation chapter.