Unscheduled reviews

This chapter is relevant to individuals who have a Scottish Adult Disability Living Allowance (Scottish Adult DLA) award when new information emerges that could affect either their:

• entitlement to Scottish Adult DLA overall,
• the rate of Scottish Adult DLA that individual receives.

The rate of payment that individuals receive can increase or decrease. Alternatively, entitlement to Scottish Adult DLA can stop altogether.

Unscheduled reviews are different from scheduled reviews.

Individuals are informed in their notice of determination that either

• they will have a scheduled review after a certain date
• they have been given an indefinite award and will have no scheduled reviews in the future.

Scheduled reviews are to ensure that individuals still meet the eligibility criteria and continue to receive the appropriate rate of Scottish Adult DLA at the end of the review period.

New information becoming available may prompt an unscheduled review of the individual’s case. Social Security Scotland may receive new information relating an individual’s award of Scottish Adult DLA in different ways. For example, new information could be provided by the individual receiving Scottish Adult DLA, their caregiver or another government department. This list is not exhaustive.

Common examples of new information include:

• a new health condition that impacts on the individual’s ability to live independently
• a deterioration or improvement in a condition that impacts on the individual’s ability to live independently
• moving away from Scotland
• discovery that an error was made with the previous determination
• the individual going into a care home, hospital or similar institution, or legal detention.

This list is not exhaustive.

For the above scenarios, individuals must report the change to Social Security Scotland. They can do this by filling in a form online or on paper or by calling Social Security Scotland.

Both making a scheduled or an unscheduled review involves making a determination without application. A determination without application is the decision whether an individual is still entitled to Scottish Adult DLA, and if so, at what rate. The case manager must tell the individual when a determination without application is made. The individual can ask for a re-determination and an appeal if they disagree with this new determination.

If the review results in no change to entitlement, a new determination will still have to be made. This is because any decision on entitlement must be done by a determination even if it results in no change to the rate of Scottish Adult DLA. The notice of determination sent to the individual will explain that the outcome of the unscheduled review is no change to the entitlement. This will allow the individual to request a re-determination and appeal.

The individual will also receive a letter if they report a matter that does not prompt an unscheduled review. An example of such a matter is if the individual moves house, but is still residing in Scotland and is not residing in a care home. The letter the individual receives may explain that Social Security Scotland has updated its record of the individual’s personal information.