Click to edit SEO parameters

We use cookies to collect anonymous data to help us improve your site browsing experience.

Click 'Accept all cookies' to agree to all cookies that collect anonymous data. To only allow the cookies that make the site work, click 'Use essential cookies only.' Visit 'Set cookie preferences' to control specific cookies.

Set cookie preferences

Your cookie preferences have been saved. You can change your cookie settings at any time.

Publication - Publication

Cross-border moves

Published
7 Aug 2025
If the client should have had their award transferred but did not

Individuals who are currently in receipt of the equivalent Social Security Scotland benefit

Where Social Security Scotland become aware that an individual living in Scotland:

  • had ongoing entitlement to a DWP benefit on the dates set out in the table above, or 
  • has become retroactively entitled to a DWP benefit for a period including that date

and 

  • they have not had their benefit award transferred,
  • they are not a cross-border individual, and
  • they have ongoing entitlement to the equivalent Scottish benefit

Social Security Scotland must carry out a determination without application of entitlement to the Scottish benefit.

(CDP Regs 35B(1)&(2), ADP Regs 52B(1)&(2), CSP Regs 41B(1)&(2), PADP Regs 44B(1)&(2), SADLA Regs 47B(1)(2)).

When a determination without application is made for this reason, the award should be backdated to the day the equivalent DWP award ended so long as the person met the eligibility criteria throughout that period. 

Note that for Carer Support Payment, entitlement should begin from the first day of the award week in which their DWP benefit entitlement ended.

(CDP Regs 35B(3), ADP Regs 52B(3), CSP Regs 41B(3), PADP Regs 44B(3), SADLA Regs 47B(3)).

Example

Drew applied for Personal Independence Payment (PIP) in September 2017 but his application was denied.

Drew submitted an application for Adult Disability Payment and he was awarded standard daily living and standard mobility on 8 April 2026.

Due to LEAP exercise, Drew’s PIP award was retroactively instated from 27 September 2017 to 5 November 2025, as from the 6 November 2025 PIP entitlement in Scotland is no longer possible.

This means if Drew had been given his entitlement to PIP correctly at the time, he would have been eligible for case transfer for Adult Disability Payment.

When Social Security Scotland become aware of Drew’s retroactive award, they carry out a determination without application for Adult Disability Payment. After reviewing all the available information, the case manager determines that Drew was entitled to standard daily living and mobility rates during the gap between his Personal Independence Payment award ending and his Adult Disability Payment beginning. Therefore, they backdate the award to 6 November 2025.

Scottish Adult DLA 

If an individual was under the relevant age on 23 February 2026, but has reached the relevant age at the time of determination, they can be treated as under the relevant age for purposes of the mobility and care components.

If an individual has reached the relevant age on 23 February 2026, the usual rules on mobility  and care  components apply for getting the mobility and care components after reaching the relevant age   

(SADLA Regs 47B(4)-(6)). 

Back to top