Some claimants of Adult Disability Payment (ADP), the Scottish replacement for PIP for adults, will be freed from the review process which all PIP claimants have to endure, the Scottish government has announced. This comes on top of improvements to assessments and appeals for Scottish claimants.
ADP indefinite awards
ADP will begin to be available for new claims in some areas from this month, before being rolled out for all new Scottish claims from 29 August 2022.
Under the new rules, claimants on the highest components of ADP whose needs are highly unlikely to change will be eligible for an “indefinite award”. In effect, this will mean they will not be subject to reviews and can rely on their new benefit into the long-term.
People with ongoing awards of PIP and DLA do not need to make an application for ADP. They will be contacted from this summer to let them know when their awards will be moved to ADP.
Scottish Social Security Minister Ben Macpherson said:
“The introduction of indefinite awards, as part of Adult Disability Payment, underlines our commitment to deliver on the principles of Scotland’s social security system to treat people with dignity, fairness and respect. In making this decision, we have engaged with a wide range of people with lived experience of the current system and will continue to listen as we design and build a social security system that works for disabled people.
“We want to ensure that people on the highest levels of Adult Disability Payment awards receive long-term and adequate support, because those with lifelong conditions, or disabilities resulting in needs highly unlikely to change, should not be subject to unnecessary reviews when it is reasonably expected that their situation will not change.”
Differences between PIP and ADP
To begin with, the criteria for qualifying for ADP will remain the same as for PIP. This means that the system for scoring points remains the same for both benefits and the Benefits and Work guide to PIP claims will continue to be of use to Scottish ADP claimants.
So, the main differences between ADP and PIP, apart from the introduction of an indefinite award, are:
Wherever possible, decisions will be made on the available information, instead of assessments being the norm. Where an assessment is needed, it will be carried out in-house by Social Security Scotland, rather than using private contractors. Assessments will not involve functional examinations such as grip strength or the current mental health examination.
You can remain on DLA until you are 18, instead of having to transfer at 16.
PIP requires that you normally submit a mandatory reconsideration within a month of the date of the decision letter. Under ADP, this is extended to 6 weeks. If Social Security Scotland have not responded within 8 weeks, you can appeal to a Tribunal.
If your ADP is stopped or reduced as a result of a planned review and you challenge the decision, you will be able to claim Short Term Assistance (STA) until a new decision is made. STA will be paid at the same rate as your ADP was paid before it was reviewed. You will not have to repay your STA even if your appeal is unsuccessful.
The ‘past presence’ test that has to be satisfied for ADP is 26 weeks in the previous 52 rather than 104 in the previous 152, as it is under PIP.
VoiceAbility have been funded by the Scottish Government to provide help and support to help people apply for disability benefits.
The definition of `terminal illness’ for ADP differs from PIP. The new terminal illness definition moves away from the 6 month time limited definition of expectation of death that DWP currently uses. It is an important distinction in the approach between the rest of UK and Scottish systems; the new Scottish definition does not require an explicit time frame, within which death is reasonably expected to occur.
ADP review
Although things are staying largely the same to begin with, the Scottish government will be carrying out a review of ADP which will look at whether changes should be made, including changes to the assessment criteria.
The first part of the review will begin this year, looking just at the mobility component.
The second part will begin in 2023 and will look at the daily living component.
So, at some stage, the qualifying rules for ADP are likely to become different to the rules for PIP.
Phased roll-out of ADP
According to the Scottish government, you will be able to apply for ADP on or after these dates:
- 21 March, if you live in Dundee City, Perth and Kinross or the Western Isles;
- 20 June, if you live in Angus, North Lanarkshire or South Lanarkshire;
- 25 July, if you live in Fife, Aberdeen City, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire;
- 29 August, if you live elsewhere in Scotland.
People with ongoing awards of PIP or DLA do not need to apply for Adult Disability Payment. Their awards will be transferred automatically to Social Security Scotland, starting in August. They will be written to in advance of their payment transferring.
Benefits and Work has yet to see a copy of the ADP claim form. We'd be happy to hear from anyone who has access to a copy.
