Entitlement to Scottish Adult DLA

As well as having been in receipt of DLA administered by the Department for Work and Pensions when their award is moved to Social Security Scotland, individuals must meet the following criteria to be entitled to Scottish Adult DLA

Age

Individuals must be aged 18 or older to be entitled to Scottish Adult DLA (Scottish Adult DLA regs, reg 18(1)).

For full details of the age criteria, see the Scottish Adult DLA Rates and Payment chapter.

There are certain rules with regards to qualifying periods (detailed below), which apply to those over the ‘relevant age’. The ‘relevant age’ is defined as:

• pensionable age;
• or, if higher, 65.

Residence and Presence

Individuals must normally meet the following residence and presence criteria to be entitled to Scottish Adult DLA:

• be ordinarily resident in Scotland (Scottish Adult DLA Regs, Reg 10(1)(a))
• be habitually resident in the Common Travel Area (Scottish Adult DLA Regs, Reg 10(1)(b))
• not be subject to immigration control (Scottish Adult DLA Regs, Reg 10(1)(c))
• be present in the Common Travel Area and has been present for at least 26 weeks in total out of the previous 52 weeks (Scottish Adult Regs, Reg 10(1)(d) &(e))

There are a number of special circumstances in which an individual will be treated as if they have met some or all of the residence and presence conditions. For more information, see the Residence and Presence chapter.

Qualifying Periods

Individuals must also satisfy the backwards test to be entitled to Scottish Adult DLA. For full details please see the Qualifying Periods chapter.

The qualifying periods help to distinguish short term needs from long term needs for assistance.

The qualifying periods for Scottish Adult DLA are the amount of time the individual must have met the criteria of entitlement for a particular rate of Scottish Adult DLA for a period in the past ‘the backwards test’, and the amount of time they are anticipated to continue to meet this criteria ‘the forwards test’.

The length of ‘the backwards test’ for the care component of Scottish Adult DLA is different depending on the individual’s age when their needs arose. It is 13 weeks for those who are under the relevant age when their needs arise and 26 weeks for those over relevant age (Scottish Adult DLA Regs, Reg 6(2)(a) & (3))

‘The forwards test’ for the care component is 26 weeks for those under the relevant age when their needs arise. There is no forwards test for those over the relevant age (Scottish Adult DLA Regs, Reg 6(2)(b) & (3))

‘The backwards test’ for the mobility component of Scottish Adult DLA is always 13 weeks, regardless of age. ‘The forwards test’ is always 26 weeks (Scottish Adult DLA Regs, Reg 7(4), & 8(10))

A change of circumstances can be reported for Scottish Adult DLA before the individual has met ‘the backwards test’ qualifying period. However, entitlement to any increased rate of Scottish Adult DLA will not begin until the backwards test has been satisfied.

The backwards test does not apply if the individual is eligible under special rules for terminal illness (Scottish Adult DLA Regs, Reg 20(3)). For more information, see the Special Rules for Terminal Illness chapter.