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The Scottish Adult Disability Living Allowance determination
Where their case has transferred, an individual’s initial Scottish Adult Disability Living Allowance determination (called a “transfer determination”) is based on (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(3)&(4)):
- the information Social Security Scotland receives from Department for Work and Pensions regarding the individual’s Disability Living Allowance award.
- any other relevant information available to Social Security Scotland at the time of the determination unless the individual has reported a change to Department for Work and Pensions which has not been taken into account for Disability Living Allowance, or reported a change to Social Security Scotland since they received their introduction letter.
A case manager will not typically review the Disability Living Allowance information before the initial Scottish Adult Disability Living Allowance determination is made. This is an automatic process.
In most cases an individual will receive the same components at the same rates of Scottish Adult Disability Living Allowance as they received in their Disability Living Allowance immediately before transfer when their initial Scottish Adult Disability Living Allowance determination is made (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(5). For example, if they received the middle rate of the care component and the lower rate of the mobility component of Disability Living Allowance, they are entitled to the middle rate of the care component and the lower rate of the mobility component of Scottish Adult Disability Living Allowance. There are exceptions to this rule, however. See the chapters on Special Rules for Terminal Illness and Severe visual impairment in Scottish Adult DLA decisions.
Example: Scottish Adult Disability Living Allowance entitlement equals Disability Living Allowance entitlement
Polly receives the highest rate of the care component and the lower rate of the mobility component of Disability Living Allowance. Her case is selected for transfer. When her Scottish Adult Disability Living Allowance transfer determination is made, she is entitled to the highest rate of the care component and the lower rate of the mobility component of Scottish Adult Disability Living Allowance.
The Scottish Adult Disability Living Allowance determination must not be made later than the period set out in the notice. The only exception to this rule is where all of the following are met, with Social Security Scotland having (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(6)(c)):
- good reason for extending this time frame
- agreed the length of the extension with DWP
- notified the individual that the time frame has been extended and the reasons for doing so
Example: Extension of the period set out in the notice
Lynsey’s Disability Living Allowance case is selected for transfer. The Department for Work and Pensions send the relevant Disability Living Allowance information to Social Security Scotland. There are however, inconsistencies with the information Social Security Scotland receive therefore they need to clarify with Lynsey before making the Scottish Adult Disability Living Allowance determination. Social Security Scotland:
- believes the questions will not be answered within the period set out in the notice, therefore;
- agrees with the Secretary of State for Work and Pensions an extended time period so the questions can be resolved;
- writes to Lynsey explaining the issue, that the notice period will be extended and letting her know when she can expect the process to finish.
There are some instances, however where someone in the same circumstances will receive a rate of Scottish Adult Disability Living Allowance award that is higher than the Disability Living Allowance they received. This is because the eligibility rules for Scottish Adult Disability Living Allowance differ slightly from Disability Living Allowance in some areas (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 9(1)). See the chapter Special Rules for Terminal Illness.