Individuals over state pension age who are in receipt of PIP or DLA when they move

The mobility component is not newly available to those over state pension age. Only those who were receiving a mobility component prior to reaching state pension age can continue to receive it.

The cross border regulations ensure that movers over state pension age who are in receipt of the mobility component of PIP or DLA will be able to access the mobility component for ADP or Scottish Adult DLA at the same rate they received this for PIP. This is so clients do not lose entitlement to the mobility component as a result of moving to Scotland.

(ADP Regs 52(6), SADLA Regs 47(10)).

The client can only be awarded the rate of mobility they were receiving as part of their previous award, and only if their condition is substantially the same as when it was awarded. If the PIP or DLA award included the standard rate mobility component, the ADP or Scottish Adult DLA mobility award can only include the standard rate. This is the case regardless of whether the client would otherwise, as a result of their condition, be considered for the enhanced rate of mobility. 

If the PIP or DLA award included the enhanced rate mobility component, the ADP or Scottish Adult DLA mobility award can only include the enhanced rate if the client’s condition is substantially the same as when the enhanced rate of mobility was previously awarded.

If the client’s condition has changed substantially since the previous award of mobility, the client may no longer be entitled to the mobility component.  

If the client PIP or DLA award does not include the mobility component, the ADP or Scottish Adult DLA award similarly cannot include mobility, either at the standard or the enhanced rate 

(ADP Regs 52(7), SADLA Regs 47(10)).

Individuals who are over the relevant age at the time of their first Scottish Adult DLA determination are able to access the lowest rate of the care component only if they were entitled to the lowest rate before they reached the relevant age and continue to be entitled.

(SADLA Regs 6(5)).