When the change in entitlement should begin if the individual meets the criteria for a higher award
Entitlement to the higher award starts on the date that an individual first meets those requirements, if:
- they report that change to Social Security Scotland within one month of it occurring (Scottish Adult DLA regs, reg. 40(1)(b)(i)(aa)) , or
- they take more than one month but not more than 13 months to report it, and have a good reason for not notifying within one month (Scottish Adult DLA regs, reg. 40(1)(b)(i)(bb)).
Social Security Scotland considers the date an individual reports a change to be the date it is received by the Agency. For paper review forms, this means the date that the mailroom stamps onto the form.
For a change in circumstances to meet the qualifying criteria for a higher award, this includes both:
- satisfying at least one of the relevant qualifying criteria for a period of 13 weeks immediately before that date,
- it being likely that the individual would continue to satisfy at least one of the relevant qualifying criteria for a further 26 weeks after that date.
Example: an individual reports a change within 1 month
Martha, 29, is currently receiving the lowest rate of the care component for Scottish Adult DLA, her needs have increased and she now requires attention frequently throughout the day, and this increased need is expected to continue indefinitely. The new level of needs starts on 1 May 2025. Martha notifies Social Security Scotland a week after the change occurs.
Social Security Scotland carry out an unscheduled review as a result of the change of circumstances Martha reported. It is determined that Martha should receive the middle rate of the care component of Scottish Adult DLA, starting from the date she first meets the requirements for the higher award. This means the increase in award will start from the date 13 weeks after the date the increase in needs occurred. This is the 3 August 2025, because she will have satisfied the backwards test at this point.
Example: an individual reports a change after 1 month but within 13 months, with a good reason
In the scenario above, Martha became unwell and was admitted to hospital before being able to notify Social Security Scotland of the change. When Martha returned home on 1 September 2023, she notified Social Security Scotland but this was several months after the change occurred. The case manager considers that due to the severity of Martha’s illness during her time in hospital, this is a good reason for taking longer than a month to notify, and Martha should receive the middle rate of the care component of Scottish Adult DLA, starting from the date Martha first meets the requirements. As in the above scenario, this will be on the 3 April 2023 which is 13 weeks after the date his needs increased.
Entitlement to the higher award starts on the date that the individual reports the change, if they take longer than:
- 13 months to report the change (Scottish Adult DLA regs, reg. 40(1)(b)(i)(cc)) , with good reason or
- one month (Scottish Adult DLA regs, reg. 40(1)(b)(i)(bb) to report the change without having a good reason.
If the individual has not yet satisfied the backwards test on the date that the individual reports the change, entitlement starts once the backwards test is satisfied.
Example: an individual report a change after 1 month but within 13 months, without a good reason
Angus, 42, is currently receiving the lowest rate of the care component for Scottish Adult DLA, his needs have increased and he now requires attention frequently throughout the day. These changes are present from 1 January 2025. Angus notifies Social Security Scotland of the changes on 1 May 2025, but gives no reason for the delay, except to say they “didn’t get around to it”.
Social Security Scotland carry out an unscheduled review as a result of the changes reported. It is determined that Angus should receive the middle rate of the care component of Scottish Adult DLA. The increase in award can only start from 1 May 2025, when the change is reported. The backwards test has already been met on 1 May 2025 as it has been more than 13 weeks since the change happened in January.
Entitlement to the higher award starts on the date of the determination resulting from the unscheduled review if:
- the individual does not report the change
- Social Security Scotland become aware of the change through some other means (Scottish Adult DLA regs, reg. 40(1)(e))
If the change of circumstances is received as part of a scheduled review please refer to the scheduled reviews chapter for when the change in entitlement should begin.
If the change of circumstances is received as part of a scheduled review where the individual has just transferred from Disability Living Allowance please refer to the Scottish Adult DLA Case Transfer chapter for when the change in entitlement should begin.
If the change of circumstances is received for an individual who has just transferred from Disability Living Allowance due to an unscheduled change of circumstances please refer to the Scottish Adult DLA Case Transfer chapter for when the change in entitlement should begin