Paragraph 15F Review determination of entitlement to Adult Disability PaymentF1
The Scottish Ministers are to make a determination of the individual’s entitlement to Adult Disability Payment (a “review determination”) as soon as reasonably practicable after making an interim determination in respect of that individual.
Sub-paragraph (1) does not apply—
to individuals to whom paragraph 15E (special rules for terminal illness – exceptions to 15A(4)) applies, or
where an individual has requested a re-determination under section 41 (right to request re-determination) of the 2018 Act, or made an appeal under section 46 (right to appeal to First-tier Tribunal against determination) of the 2018 Act, in relation to the interim determination.
Subject to paragraphs 15H (when an increase in level of entitlement takes effect) and 15I (when a decrease in level or cessation of entitlement takes effect), entitlement to Adult Disability Payment under a review determination under sub-paragraph (1) begins on the date specified in the notice of determination given to the individual in accordance with section 40 of the 2018 Act.
The review determination under sub-paragraph (1) is to be made on the basis of any information that—
the Scottish Ministers have received in respect of the individual’s entitlement to Scottish Adult Disability Living Allowance,
was provided in the individual’s application for Adult Disability Payment,
the Scottish Ministers requested from the individual, and
is available to the Scottish Ministers that appears to them to be relevant.
The restrictions in sub-paragraph (6) apply to a review determination under sub-paragraph (1) where—
an individual did not make the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027,
the individual has reached the relevant age, and
the determination under sub-paragraph (1) is being made in relation to—
a change of circumstances which occurred after the person reached the relevant age, or
a material fact which the Scottish Ministers were not previously aware of which relates to circumstances which began after the individual reached the relevant age.
The restrictions referred to in sub-paragraph (5) are—
where the mobility component award under the interim determination is for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—
may only make an award for the standard rate of that component, and
may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the original award was given,
where the mobility component award under the interim determination is for the enhanced rate, the Scottish Ministers may only award that rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the original award was given,
where the award under the interim determination did not include an award of the mobility component, the Scottish Ministers may not award that component at either the standard or enhanced rate.
Annotations
Textual amendments
- F1
Sch. 2 Pt. 3A inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), reg. 1, sch. 2 para. 2(10)