If entitlement to Scottish Adult DLA is based on an DLA award that later changes

Social Security Scotland must make a further determination without application if:

• the case manager has made a determination that the individual is entitled to Scottish Adult DLA as a result of a move to Scotland from another part of the UK; and
• the DLA award that the case manager took account of changes immediately before the move to Scotland; and
• this change occurs after the initial determination without application is made.

Although this change in DLA award which the individual was entitled to immediately before the date of transfer must occur after the move and after Social Security Scotland make the initial determination without application, the change in the DLA award will relate to a period immediately before the move when the individual was entitled to DLA.

The change in DLA award must be as a result of (Scottish Adult DLA regs, Reg 43(d)):

• the DWP or DfC deciding to revise or supersede the DLA award;
• the individual successfully appealing the DLA award to a Tribunal or a Social Security Commissioner; or
• the DWP or DfC deciding to reconsider the DLA award.

Entitlement to Scottish Adult DLA begins on the day after the day on which the individual’s entitlement to DLA ended )Scottish Adult DLA regs, Reg40-41)).