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Effective Dates
Where it is determined that an individual is entitled to an award within a year of a Scottish Adult DLA or a DLA award ending, the effective date to start the new award is the date on which the individual made the request for the new award. (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12(10) & 13(10)). This means the date the individual first requested an award of Scottish Adult DLA, even if they were required to submit further supporting information after this date.
Where someone begins making a valid request for an award of Scottish Adult DLA within 12 months of their previous award ending, but the determination is not made by Social Security Scotland until more than 12 months after the award ended, an individual can be awarded Scottish Adult DLA. (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12(1)(b) & 13(1)(b)(i))
Example: The Effective Date of a Scottish Adult DLA award made within a year of a previous award or DLA award ending
Ian previously had an award of Scottish Adult DLA that ended on 4 March 2027, which was for the middle rate of the care component and the lower rate of the mobility component. On 19 February 2028, Ian contacts Social Security Scotland to request that his Scottish Adult DLA award is reinstated, providing Social Security Scotland the information needed to begin his request for an award. Social Security Scotland send Ian a request for further information on his disabilities and health conditions in order to support a determination of his entitlement. Ian completes and returns this request for information, sending it to Social Security Scotland on 9 March 2028. A case manager reviews the information Ian has provided and makes a determination on 21 March 2028, awarding Ian the middle rate of the care component and the lower rate of the mobility component. Ian’s award of Scottish Adult DLA begins on 19 February 2028, when Ian first made a valid request for an award.