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Publication - Publication

Scottish Adult Disability Living Allowance decision making guide

Published
7 Aug 2025
Topic
Scottish Adult Disability Living Allowance
Determinations and Awards

Determination without Application

A determination without application (SS Act 2018, s.52) is a new determination of entitlement that replaces an earlier determination. Case managers must make determinations without applications when there is either:

  • A scheduled review of the individual’s award (Scottish Adult DLA Regs, Reg 42)
  • An unscheduled review of the individual's award (Scottish Adult DLA Regs, Reg 43, 44, 45, 46)

When a determination without application is being made due to an official error, reference should be made to the ‘Unscheduled Reviews’ and ‘When a previous determination is based on an error or made in ignorance of material fact’ chapters.

Moving between rates of Scottish Adult DLA

Individuals are able to move between rates of the different components of Scottish Adult DLA. This will result from a new determination made during a scheduled or unscheduled review. This is because individual’s needs can change over time. This will affect the level of assistance they are entitled to.

There are some limits on moving between rates once a person has reached the ‘relevant age’:

  • An individual over the relevant age cannot increase the amount of the mobility component that they receive where the change happened after they reached the relevant age (Scottish Adult DLA Regs, Reg 7(4)(c), 8(11)(c))
  • And individual cannot newly qualify for the lowest rate of the care component after reaching the relevant age (Scottish Adult DLA Regs, Reg 6(5))

Entitlement to Scottish Adult DLA is not affected until the case manager has made a new determination. Case managers must follow the rules on when changes in entitlement take effect. The rules are found in the following chapters:

the Scheduled Reviews chapter

the Unscheduled Reviews chapter

Challenging determinations of entitlement to Scottish Adult DLA

Individuals can challenge determinations of entitlement made by case managers (SS Act 2018, s.41). This includes determinations made on on-going awards of Scottish Adult DLA. This is a re-determination. For more information, see the Re-determinations chapter.

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