Applying for the equivalent benefit

In order to benefit from the cross border regulations and have their entitlement backdated to the day after their DWP entitlement ends to avoid a possible gap in entitlement, people moving to Scotland must apply to the Social Security Scotland benefit that is the equivalent of the one they were receiving from DWP (see Section 1, para 1.3 of this DMG). If they do not apply for the equivalent benefit, and successfully apply for a different one instead, they cannot be treated as cross border and receive the backdated payment.

This helps to ensure as far as possible that the client is not disadvantaged as a result of moving to Scotland.

Scottish Adult DLA is not open for new applications. Cross Border individuals over 18 who were in receipt of DLA immediately before moving to Scotland must therefore make a request for a determination of their entitlement to Scottish Adult DLA. 

(SADLA Regs 47(1)(d)).

It is possible for cross border clients to apply for the equivalent Social Security Scotland benefit while still in receipt of their DWP benefit. ThiFor Scottish Adult DLA, it is possible to make a request for determination while still in receipt of DLA for adults. This is designed to reduce the possibility of gaps in payment while their application to Social Security Scotland is being considered. This rule does not extend to applying for non-equivalent benefits.

In some instances, there may be little advantage to the client applying for the equivalent benefit. For example, if the client was on child DLA when they moved and is over 16 when their DWP award ends. If the client applies for ADP the day after the DWP end of entitlement (EoED) date, there would be no additional period of backdating required past the application date. There is nothing stopping the client applying for CDP in this scenario and the client should seek advice on their specific circumstances when deciding which option suits them best.