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Entitlement to Scottish Adult DLA beginning while in ‘alternative accommodation’
An individual could be moving immediately into alternative accommodation on the day that they move to Scotland. The Scottish Adult DLA rules refer to accommodation in a care home, hospital or similar institution or legal detention as alternative accommodation.
The value of both components of Scottish Adult DLA is reduced to £0 when an individual has been resident in hospital, hospice or legal detention for more than 28 days (Scottish Adult DLA regs, Reg 27(2)(3)(4)).
The value of the care component of Scottish Adult DLA is reduced to £0 when an individual has been resident in a care home or similar institutions for more than 28 days (Scottish Adult DLA regs, Reg 27). Any periods spent in alternative accommodation prior to moving to Scotland will also count towards the 28 days.
An individual who moves to Scotland from somewhere else in the United Kingdom will not see their Scottish Adult DLA entitlement begin until their DLA entitlement ends, which will be on a date fixed by the DWP. As a result, their Scottish Adult DLA is unlikely to begin until they have been in alternative accommodation for longer than 28 days.
Case managers will need to consider the alternative accommodation chapter in detail when deciding which £0 value rules and time periods apply to a person moving to alternative accommodation in Scotland. This will depend on when they move into the alternative accommodation, the type of alternative accommodation, and when their entitlement to Scottish Adult DLA commences.
An individual’s move to Scotland must have been voluntary for them to be ordinarily resident in Scotland and entitled to Scottish Adult DLA. For example, if someone is moved from rest of the UK to a Scottish prison, they would not be ordinarily resident in Scotland. Their ordinary residence would remain in the rest of the UK. The same rule applies when someone is moved involuntarily from Scotland to the rest of the UK and they would remain ordinarily resident in Scotland. See ‘Residence and presence for Scottish Adult Disability Payment’ chapter for more information about ordinary residence.
Example: Involuntary move to alternative accommodation
Thomas is 68 years old and receives Scottish Adult DLA. He lives in Dumfries and is entitled to the lower rate of mobility component.
Thomas is sentenced to a term in prison and is sent to Durham Prison in England to serve his sentence on 19 September 2026. As his move is involuntary, his ordinary residence will remain in Scotland, and he continues to receive Scottish Adult DLA at his existing rate for the first 28 days. From 18 October 2026 the value of his Scottish Adult DLA payments is reduced to £0 while he remains in the prison. His Scottish Adult DLA is put back into payment when he is released and returns to Scotland.