The backwards and forwards tests – over the ‘relevant age’
The below tests apply where a change occurs after an individual reaches the relevant age. If the change occurs before the individual reaches the relevant age, the tests above should be applied, regardless of whether the individual has reached the relevant age when they report the change.
Mobility component
The individual must have met or be deemed likely to meet one of the criteria of entitlement for a particular component, or rate of a component, for 13 weeks immediately preceding the date of entitlement. This is the backwards test. (Scottish Adult DLA regs, reg. 7(4)(a), 8(9)(a)).
The individual must be likely to meet one of the criteria of entitlement for a particular component, or rate of a component, for 26 weeks from the date of entitlement. This is the forwards test. (Scottish Adult DLA regs, reg. 7(4)(b), 8(9)(b)_
There is an additional test for eligibility for the mobility component of Scottish Adult DLA for those over the ‘relevant age’ (Scottish Adult DLA regs, reg. 7(4)(c), 8(9)(c) ). In addition to fulfilling the ‘backwards and forwards tests’, an individual must have continually been in receipt of the relevant rate of the mobility component that they qualify for prior to reaching the ‘relevant age’.
This means that over the ‘relevant age’ an individual can only maintain the rate of the mobility component that they receive. They cannot move from the lower to the higher rate, the higher to the lower rate, nor from no award of the mobility component to the lower or higher rate. This is covered in more detail in the Mobility Component chapter.
Care component
The individual must have met or be deemed likely to meet one of the criteria of entitlement for a particular component, or rate of a component, for 26 weeks immediately preceding the date of entitlement. This is the backwards test. (Scottish Adult DLA regs, reg. 6(3) 15).
There is no forwards test for the care component for individuals over the ‘relevant age’ on Scottish Adult DLA.
Further, individuals cannot newly qualify for the lowest rate of the care component if they are over the ‘relevant age’, even if they meet the backwards and forwards tests (Scottish Adult DLA regs, reg. 6(5)). Lowest rate awards of the care component can be maintained for those over the ‘relevant age’. This is covered in more detail in the Care Component chapter.
Example – a determination without application due to a change in circumstances where the individual is over the relevant age and the original award included a mobility component at the enhanced rate
Rashid is over the relevant age and has muscular dystrophy. He is currently in receipt of a Scottish Adult DLA award which comprises of:
- the care component at the middle rate
- the mobility component at the higher rate.
The case manager receives notification that Rashid’s circumstances have changed, and he may be entitled to further support. Increased muscle stiffness has led to further muscle restriction and as a result, Rashid has been diagnosed with depression, which has impacted his score when undertaking daily living activities.
A determination without application found that Rashid was entitled to the highest rate of the care component due to the change in his condition, and that he remained entitled to the higher rate for mobility.
Rashid remains entitled to the higher rate for mobility in this instance because both the following are true:
- he received the higher rate of mobility in his original award
- his entitlement was due to substantially the same condition (muscular dystrophy) on which the original award was made.
Example – a determination without application due to a change in circumstances where the individual is over the relevant age and the original award included a mobility component at the lower rate
Jakub is over the relevant age and received the middle rate of the care component and lower rate of the mobility component in his original award, due to arthritis. The case manager receives notification that Jakub’s condition has changed and makes a determination without application.
The determination found that Jakub is entitled to the care component at the middle rate due to his arthritis. It also found that Jakub would have been entitled to the mobility component at the higher rate. However, Jakub is over the relevant age, and his original award was for the lower rate of mobility. As he still meets the criteria for the lower rate of the mobility component, and has a pre-existing award of this component, he continues to receive the lower rate.
Example – a determination without application due to a change in circumstances because of medical evidence received, after the individual reaches the relevant age
Paul is over the relevant age and received the care component at the lowest rate and the mobility component at the higher rate due to Multiple Sclerosis.
The case manager receives medical evidence from a healthcare professional to suggest that Paul’s condition has worsened and makes a determination without application.
The determination found that he is entitled to the care component at the middle rate and mobility component at the higher rate due to Multiple Sclerosis.
Paul is entitled to continue receiving the higher rate of mobility because both these statements are true:
- he was entitled to the higher rate of mobility for Scottish Adult DLA in his original award
- the determination found the entitlement to be the result of substantially the same condition that his original award was based on.