The Backwards Test

Typically, to be eligible to receive Scottish Adult DLA, an individual must have met the eligibility criteria for a component and rate for a period of time (‘the backwards test’), and be expected to continue to meet the eligibility criteria for a period into the future (‘the forwards test’). Different rules apply depending on whether an individual is over or under ‘the relevant age’ (pension age, or if their pension age is lower, 65).

Where an individual is eligible for an award of Scottish Adult DLA within a year of a previous award ending, or within a year of the end of a previous DLA award, the backwards test is treated as met from the point of the request, provided the previous award consisted of the same component as the one to which the individual is now entitled. (Scottish Adult DLA regs, Schedule 1, Part 3, Para 12(6) & 13(6))