When a Disability Living Allowance award that ended at the point of case transfer is retroactively changed
There may be cases where the Disability Living Allowance award that was ended by the case transfer process is changed after the Scottish Adult Disability Living Allowance is made due to following:
- Revision made by the Department for Work and Pensions or the Department for Communities in Northern Ireland,
- Supersession made by the Department for Work and Pensions or the Department for Communities in Northern Ireland, or
- Decision made by a tribunal or court on appeal.
Where the Disability Living Allowance award that was ended at the point of case transfer is changed sometime after the case transfer process has completed, the case manager must make a determination without application of the individual’s Scottish Adult Disability Living Allowance award (Scottish Adult DLA Regs, Reg 43(c)).
This determination without application does not need to result in the Scottish Adult Disability Living Allowance award mirroring the changes made to the Disability Living Allowance award. Case managers should consider the information and make a wholly new determination based on all relevant information available relating to the case. Like when making any determination, the case manager should ask for further supporting information to make an accurate determination, if they feel they need it.
Where a case manager makes a determination without application for this reason, the date the change takes effect should be the point of case transfer (Scottish Adult DLA Regs, Reg 40(1)(a) and 41(1)(a)).
Example: Disability Living Allowance award ended at point of transfer is retroactively changed
Hettie has had her case transferred six months ago and is currently in receipt of Scottish Adult Disability Living Allowance. After receiving advice, she contacted the Department for Work and Pensions and requested a revision of her Disability Living Allowance award. This is on the specific ground that the Department for Work and Pensions decision maker failed to take into account relevant evidence they held when they made her most recent Disability Living Allowance decision.
The Department for Work and Pensions decides that Hettie’s Disability Living Allowance award was incorrect and revised to an increased award. This takes effect from the day the Disability Living Allowance decision was originally made. The Department for Work and Pensions will notify this change to Social Security Scotland.
A case manager must now look at Hettie’s Scottish Adult Disability Living Allowance award and make a determination without application. After reviewing the information received from the Department for Work and Pensions, the case manager decides that Hettie’s Scottish Adult Disability Living Allowance award should have been higher at the point of case transfer and there has been no change since. Hettie’s Scottish Adult Disability Living Allowance award is therefore increased from the date of the transfer determination.
However, case managers should limit the time period such a change is in effect if the individual’s circumstances have changed since the point of case transfer or it would otherwise be inappropriate for the change to the Scottish Adult Disability Living Allowance award to be in effect after a certain date (Social Security (Scotland) Act 2018, section 27)
Example: Disability Living Allowance ended at point of transfer is retroactively changed – Scottish Adult Disability Living Allowance award changed for a fixed period
Greg’s Scottish Adult Disability Living Allowance entitlement began on 1 September 2025 as the result of a determination without application made via the case transfer process. His Scottish Adult Disability Living Allowance award was the middle rate of the care component and the lower rate of the mobility component, just as his Disability Living Allowance award was at the point of case transfer.
Greg’s health deteriorated and he promptly reported this change to Social Security Scotland. As a result, Greg’s Scottish Adult Disability Living Allowance award was increased to the higher rate of care component and the higher rate of the mobility component from 1 November 2025.
Before Greg’s award completed transfer to Scottish Adult Disability Living Allowance, he appealed a decision on his Disability Living Allowance award. The tribunal finds that Greg’s Disability Living Allowance award should have been for the higher rate of the care component and the lower rate of the mobility component.
Because Greg’s Disability Living Allowance award was changed, a case manager must conduct a determination without application of his Scottish Adult Disability Living Allowance award. A case manager reviews the information and decides Greg’s Scottish Adult Disability Living Allowance award should have been for the higher rate of the care component and the lower rate of the mobility component at the point of case transfer.
The Case Manager makes the determination without application setting out Greg’s entitlement to the higher care component and the lower rate of the mobility component for the period 1 September 2025 to 1 November 2025 and the higher rate of care component and the higher rate of mobility component from 1 November 2025 onwards.