Residence and presence

This chapter is relevant to Scottish Adult Disability Living Allowance (Scottish Adult DLA):

• those already in receipt of the assistance reporting a change of address; and
• those who are applying for reinstatement of benefit within a year.

It describes how rules for Scottish Adult DLA should be applied to decide if an individual meets the residence and presence criteria.

An individual must satisfy a number of residence and presence criteria to be eligible for a Scottish Adult DLA award. Those criteria differ depending on the applicant’s personal circumstances. There are special rules for some European nationals and some exceptions which apply to specific categories of people.

When an individual’s award is transferred from the Department for Work and Pensions, they will be assumed to have met the residence and presence conditions at the point of making the transfer determination (Scottish Adult DLA regs, Sch 1, Part 2, para 7(6)(b)).