When case managers are required to make a determination without application

Social Security Scotland is required to make a determination without application when a person (Scottish Adult DLA regs, Reg 47(1)):

• moves to become resident in Scotland;
• was resident in another part of the UK before the move; and
• was entitled to DLA immediately before becoming resident in Scotland.

Entitlement to Scottish Adult DLA begins (following the determination without application) on the day after the day on which DLA ceases to be paid to the individual (Scottish Adult DLA regs, Reg 47(2)).

At the moment, clients moving to Scotland from the rest of the UK while in receipt of DLA will be selected for case transfer. Case managers will know that an individual in receipt of DLA has moved to Scotland because the DWP or DfC sends this data to Social Security Scotland. The data will include the end date for DLA. The Operational Guidance contains further information on accessing this data for the purpose of making a determination without application.