Ordinary residence in Scotland
All individuals living in Scotland must be ordinarily resident in Scotland to be eligible for Scottish Adult DLA, regardless of that individual’s nationality (Scottish Adult DLA Regs, Reg 10(1)(a)).
Ordinary residence is established if:
- someone lives in a particular place for the time being;
- their stay is of a short or long duration;
- there is continuity in their stay apart from temporary or occasional absences;
- they live there lawfully; and
- they have decided to live there voluntarily.
Ordinary residence has been defined by the courts over time rather than in legislation. It is a question of fact to be decided on the circumstances of each case whether and when ordinary residence has been established.
A person can have more than one ordinary residence at the same time if they genuinely live between two addresses. For example, a student may have a term time addresses for study and a family home where they spend holidays.
Scottish Adult DLA regulations prevent an individual from receiving Scottish Adult DLA and Disability Living Allowance or other disability benefits at the same time (Scottish Adult DLA Regs, Reg 5).
In cases where ordinary residence might be established at more than one address, including an address outwith Scotland, decision makers should check whether the individual has an ongoing disability benefit award or a pending application for another disability benefit (Scottish Adult DLA Regs, reg 5) with the DWP or the Department for Communities in Northern Ireland.
When an individual has no fixed address, their intentions are important in considering where they are ordinarily resident; decision makers should consider where they intend to live, what steps they have taken in that regard, and what their address history suggests.
Examples of ordinary residence in Scotland
Kate lives in Inverness. Kate is ordinarily resident in Scotland.
Andrea lives in Berwick-upon-Tweed and travels across the border into Scotland during the week each day for work. Andrea is not ordinarily resident in Scotland.
Anthony lives in a house in Alnwick. He also owns a flat in Edinburgh, where he spends most weekends. Anthony is ordinarily resident in both England and Scotland and can therefore qualify for Scottish Adult DLA.
Ola lives in Carlisle, and travels almost every day across the border from England to Scotland to visit her sister Frances who lives in Dumfries. Ola never stays overnight and always returns to her home in Carlisle. Ola is not ordinarily resident in Scotland and is not eligible for Scottish Adult DLA, but might be eligible for a disability benefit from the DWP.