Paragraph 7 Determination without application of entitlement to Scottish Adult Disability Living Allowance

(1)

The Scottish Ministers are to make a determination in respect of a transferring individual, without receiving an application, of that individual’s entitlement to Scottish Adult Disability Living Allowance (the “transfer determination”).

(2)

Entitlement to Scottish Adult Disability Living Allowance under the transfer determination begins on the date specified in the notice of determination given to the transferring individual in accordance with section 40 of the 2018 Act.

(3)

Subject to sub-paragraph (4), the transfer determination is to be made on the basis of—

(a)

such information as the Scottish Ministers have received from the Secretary of State for Work and Pensions in respect of the transferring individual’s entitlement to Disability Living Allowance, and

(b)

any other information available to the Scottish Ministers that appears to them to be relevant.

(4)

The transfer determination does not need to be made on the basis of the information mentioned in sub-paragraph (3)(b) where—

(a)

the individual—

(i)

before receiving a notice under paragraph 6(1), reported a change of circumstances to the Secretary of State for Work and Pensions, which had not been taken into account for the individual’s entitlement to Disability Living Allowance, or

(ii)

has, since receiving a notice under paragraph 6(1), notified a change of circumstances to the Scottish Ministers, and

(b)

following the transfer determination, a further determination is to be made under paragraph 10 (review determinations).

(5)

Subject to paragraph 9 (exceptions to paragraph 7(5)), a transfer determination must be made on the basis that the transferring individual is entitled to the components and rates of Scottish Adult Disability Living Allowance that are equivalent to those components and rates of Disability Living Allowance to which the individual was entitled immediately before the date of transfer.

(6)

A transfer determination—

(a)

may be made on the assumption that whatever can be discerned about the transferring individual’s circumstances from the information mentioned in sub-paragraph (3) remains accurate on the date on which the determination is made,

(b)

notwithstanding the generality of head (a), is to be made on the assumption that the conditions relating to the eligibility criteria set out in regulations 10 to 17 (residence and presence) are satisfied in the individual’s case, and

(c)

must be made not later than the end of the period specified within the notice under paragraph 6(1) unless the Scottish Ministers have—

(i)

good reason to extend that period,

(ii)

agreed the period for extension with the Secretary of State for Work and Pensions, and

(iii)

notified the transferring individual of the extension and the reason for it.