Purpose of the Decision Making Guidance

The Decision Making Guidance provides an interpretation on how to:

• use the powers in the Social Security (Scotland) Act 2018
• apply the rules set out in the Disability Assistance (Scottish Adult Disability Living Allowance) (Scotland) Regulations 2024.

The interpretation of the legislation will support those employed by Social Security Scotland during the decision-making process regarding Scottish Adult Disability Living Allowance so that:

• determinations are made lawfully
• the decision-making process is consistent with legislation
• individuals are treated fairly in accordance with the rules of Scottish Adult Disability Living Allowance.

The main audience for this Decision Making Guidance is case managers within Social Security Scotland who will be using the chapters to make decisions on entitlement to Scottish Adult Disability Living Allowance.

The Decision Making Guidance, along with training provided to case managers, provides an official interpretation of legislation for Social Security Scotland officials to make determinations of entitlement to Scottish Adult Disability Living Allowance.

Case managers should note that approved guidance must be followed when applying the law in relation to Scottish Adult Disability Living Allowance , including when making a determination of entitlement and following other processes. However, a case manager may request advice through a case discussion from the Decision Support Team on the application or clarification 2 of the Decision Making Guidance where there is any doubt or in complex cases.

The Decision Making Guidance uses examples to support the interpretations and explanations of the legislation. These examples are not decision-making criteria in themselves but illustrate how the criteria set out in the chapters should be applied.

Case managers should refer to the Operational Guidance for information on the operational steps needed to make and record a determination of entitlement and to carry out other specific processes.

For further information on how individuals might be affected by their disability or health condition, case managers should refer to medical guidance. Guidance is also available on how and when to request a case discussion with a Social Security Scotland practitioner.