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End of entitlement
An individual’s entitlement to STA ends on the day:
- the individual asks for the STA payment to be cancelled (Scottish Adult DLA Regs, Sch 1, Part 1, para 3(2)(a)
- a determination is made on a re-determination request (Scottish Adult DLA Regs, Sch 1, Part 1, para 3(2)(b))
- the First-tier Tribunal makes a decision (Scottish Adult DLA Regs, Sch 1, Part 1, para 3(2)(c))
- the First-tier Tribunal refuses permission to make a late appeal (Scottish Adult DLA Regs, Sch 1, Part 1, para 3(2)(d))
- the individual withdraws their appeal (Scottish Adult DLA Regs, Sch 1, Part 1, para 3(2)(e)
In cases where the decision of the First-tier Tribunal is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014, Social Security Scotland will make a determination without application on the individual’s entitlement to STA (Scottish Adult DLA Regs, Sch 1, Part 1, para 1(7)(e)).
Example: STA start date, end date and value
After a determination to reduce their total ongoing payment from £101.75 per week to £68.10 per week, on 23 April 2024 an individual both:
- requests a re-determination
- applies for STA.
The request for STA is accepted and is payable from 23 April 2024. The value of STA is £33.65 which is the difference between the:
- ‘new’ total value of their ongoing payment (the current award)
- ‘old’ total value of their ongoing payment. (the longstanding award)
At re-determination on 30 May 2024, the determination to reduce the ongoing payment is upheld. The individual is notified and STA stops being paid from 30 May 2024.
The individual submits an appeal on 15 June 2024 and requests STA. The appeal is accepted by the FtT and STA is payable from 15 June 2024. On 20 August 2024, the FtT upholds the re-determination which reduced the ongoing payment. STA stops being paid from the same date.
Example: STA start date, end date and value
After a determination to reduce their total ongoing payment from £101.75 per week to £68.10 per week, on 15 February 2024 an individual both:
- requests a re-determination
- applies for STA
The request for STA is accepted and is payable from 15 February 2024. The value of STA is £33.65 which is the difference between the:
- ‘new’ total value of their ongoing payment (the current award)
- the ‘old’ total value of their ongoing payment. (the longstanding award)
At re-determination on 25 March 2024, the determination to reduce the ongoing payment is upheld. The individual is notified and STA stops being paid from 25 March 2024.
The individual both submits an appeal and requests STA on 26 April 2024. The appeal is accepted by the FtT and STA is payable from 26 April 2024. On 2 July 2024 the FtT both:
- overturns the re-determination which reduced the ongoing payment
- confirms entitlement at the original rate of £101.75 per week.
STA stops being paid from 2 July 2024.
Example: STA start and end dates when late appeal accepted
On 11 August 2024 an individual both:
- submits a late appeal against an earlier determination to reduce an ongoing payment of Scottish Adult DLA from £101.75 per week to £68.10 per week
- applies for STA.
The FtT consider the request and accepts the late appeal with payment of STA starting on 11 August 2024 at a rate of £33.65 per week which is the difference between the:
- ‘new’ total value of their ongoing payment (the current award)
- the ‘old’ total value of their ongoing payment (the longstanding award)
On 29 November 2024 the FtT decide the appeal.
STA is payable for the period between 11 August 2024 and 29 November 2024.
Example: STA start and end dates when late appeal not accepted
On 19 September 2024, an individual both:
- submits a late appeal against earlier determinations to reduce an ongoing payment of Scottish Adult DLA from £101.75 per week to £68.10 per week
- requests STA.
On 5 October 2024 the FtT refuse permission for the late appeal. STA is still payable in this situation for the period between 19 September 2024 and 5 October 2024.