Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended

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

• They had a previous award of Disability Living Allowance which has now ended;
• The previous award of Disability Living Allowance ended within 12 months of the individual making the request;
• The previous DLA award was not subject to mandatory reconsideration or appeal (Scottish Adult DLA regs, Schedule 1, Part 3, Para 13(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 13(2)).

Where an individual has met these conditions, the case manager must make a determination without application on that individual’s entitlement to Scottish Adult DLA. This determination should be based on:

• the information contained in the request for entitlement
• information regarding the individual’s previous award of 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 13(3))

An individual can only receive an award in this situation if their entitlement to Scottish Adult Disability Living Allowance would result from substantially the same condition or conditions that were the basis of their previous award of Disability Living Allowance (Scottish Adult DLA regs, Schedule 1, Part 3, Para 13(4))

An individual cannot receive an award of Scottish Adult Disability Living Allowance in this circumstance 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 that appeal has not yet been determined;
• The individual’s entitlement to Disability Living Allowance ended due to an Adult Disability Payment determination or a Personal Independence Payment decision;
• In the past 12 months, a determination has been made in relation to the individual’s entitlement to Adult Disability Payment, Pension Age Disability Payment, or a Scottish Adult Disability Living Allowance case transfer determination (Scottish Adult DLA regs, Schedule 1, Part 3, Para 13(5).