Reinstating entitlement to Scottish Adult Disability Living Allowance

An individual can request an award of Scottish Adult Disability Living Allowance where:

• They had a previous award of Scottish Adult Disability Living Allowance which has now ended;
• The previous award of Scottish Adult Disability Living Allowance ended within 12 months of the individual making the request (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12(1)) ; and
• None of the exceptions apply.

 Where an individual makes a request for their Scottish Adult Disability Living Allowance award to be reinstated, they must make the request in such form and with such evidence as is required in order to make a determination of entitlement (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12(2))

Where an individual has met these conditions, the case manager must make a determination on that individual’s entitlement to Scottish Adult DLA. This determination should be based on:

• the information contained in the request for entitlement to be reinstated
• information regarding the individual’s previous award of Scottish Adult Disability Living Allowance that ended within the last 12 months, and
• any other information that is relevant to the Scottish Adult Disability Living Allowance award (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12 (3))

An individual’s entitlement to Scottish Adult Disability Living Allowance can only be reinstated if their entitlement to the new award results from substantially the same condition or conditions that were the basis of their previous award of Scottish Adult Disability Living Allowance (Scottish Adult DLA reg’s, Schedule 1, Part 3, Para 12 (4)).

An individual cannot reinstate a previous Scottish Adult Disability Living Allowance award that has ended if:

• There is an ongoing re-determination in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance;
• The individual has appealed to the First-tier Tribunal for Scotland against the determination to end their entitlement to Scottish Adult Disability Living Allowance and the appeal has not yet been determined;
• The individual’s previous Scottish Adult Disability Living Allowance award was ended by an Adult Disability Payment determination;
• A determination has been made in relation to the individual’s entitlement to Pension Age Disability Payment (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12 (5))