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Benefits for Students in Scotland Handbook 2023/24

Chapter 1: Adult disability payment
Basic facts
    Adult disability payment (ADP) is for people who need help with daily living or who have mobility difficulties.
    Part-time and full-time students can claim.
    If you are a full-time student, getting ADP helps you to be eligible for universal credit (although you must also meet a medical test). In some cases, it also allows you to be eligible for income-related employment and support allowance and housing benefit.
1. What is adult disability payment
Adult disability payment (ADP) is a benefit for people with a disability. It is replacing personal independence payment (PIP) and disability living allowance (DLA) for people of working age in Scotland. For details about PIP and DLA, see the 2021/22 edition of this Handbook.
If you are already on PIP or DLA, you will be transferred to ADP at some point. If you were 65 or over on 8 April 2013 and getting DLA, you remain on DLA.
Children who have a disability can claim child disability payment (CDP) in Scotland, and children already on DLA will be transferred to CDP. This transfer is expected to be complete by spring 2023.
ADP is not means tested, so it is not reduced because of your student support or other income. It comprises two components: for daily living and mobility. Each component has two rates: a standard rate and an enhanced rate.
2. Who is eligible
You qualify for adult disability payment (ADP) if you meet all the following conditions.1s31 and Sch 5 SS(S)A 2018; regs 3 and 4 DAWAP(S) Regs
    You are aged 16 or over and, usually, under pension age.
    You satisfy certain rules on residence and presence in the UK, and are not a ’person subject to immigration control’. See CPAG’s Welfare Benefits and Tax Credits Handbook for details.
    You satisfy the disability conditions for the daily living component and/or the mobility component.
    You have satisfied the disability conditions for the last 13 weeks (unless you are terminally ill) and are likely to continue to do so for the next 39 weeks.
    You are not entitled to child disability payment, personal independence payment (PIP), disability living allowance (DLA), attendance allowance or armed forces independence payment (although people on PIP or DLA are expected to be transferred to ADP by summer 2024).
Your ability to undertake various activities is assessed, taking into account whether you can carry out the activity safely, to an acceptable standard, repeatedly and within a reasonable time period. Depending on the type and level of help you need, you score points on different activities. If you score eight points, you get the standard rate of a component; if you score 12 points, you get the enhanced rate. For example, if you cannot dress or undress yourself, you score eight points.
See CPAG’s Welfare Benefits and Tax Credits Handbook for more information about the activities and the points awarded.
 
1     s31 and Sch 5 SS(S)A 2018; regs 3 and 4 DAWAP(S) Regs  »
Daily living component
To get the standard rate of the daily living component, your ability to undertake certain specified day-to-day activities must be limited by your health or disability. To get the enhanced rate, your ability to undertake the activities must be severely limited.
You are assessed on your ability to carry out the following activities:
    preparing food. If you cannot prepare and cook a simple meal yourself, you can score points;
    taking nutrition;
    managing therapy or monitoring your health condition;
    washing and bathing;
    managing toilet needs or incontinence;
    dressing and undressing;
    communicating verbally. If you need to use an aid to help you speak or hear, you can score two points; if you need a British Sign Language interpreter to help you understand or express information, you can score four to eight points, depending on the help you need;
    reading and understanding signs, symbols and words. If you need help to read, or need to use an appliance or aid (other than glasses or contact lenses), you can score points;
    engaging socially with other people face-to-face;
    making budgeting decisions. You can score points if your disability means you need help with budgeting.
Mobility component
You get the standard rate of the mobility component if your ability to undertake certain mobility activities is limited by your health or disability. If your ability to undertake the activities is severely limited, you get the enhanced rate.
You are assessed on your ability to plan and follow journeys, and to move around. You can score points if you need help to follow an unfamiliar or familiar route, including if you can only do so with the help of a guide dog or orientation aid.
Students
If you are a part-time or full-time student, you can get ADP if you meet the qualifying conditions. Starting to study should not affect your award, provided you still have daily living and/or mobility needs.
3. Amount of benefit
Weekly rate from April 2023
Daily living component
Standard rate
£68.10
Enhanced rate
£101.75
Mobility component
Standard rate
£26.90
Enhanced rate
£71.00
4. Claiming adult disability payment
Claim adult disability payment (ADP) online at mygov.scot/adult-disability-payment/how-to-apply or telephone 0800 182 2222 to ask for a paper claim form to be sent to you. Claims cannot be backdated, so claim as soon as you think you qualify.
The claim is in two parts. If you phone, some basic information is taken from you to complete part one. You are then sent a form on which to give more information about your condition and how it affects you. You must normally return this form within eight weeks. If you claim online you have two weeks to complete part one, and a further eight weeks to complete part two. You can ask for the eight weeks to be extended.
A determination on your claim should be made within eight to 10 weeks.
ADP is usually paid directly into your bank account, and is paid every four weeks in arrears.
5. Challenging a decision
If you think a decision about your adult disability payment (ADP) is wrong, you can ask Social Security Scotland (SSS) to look at it again. This process is known as a ‘redetermination’. Note: this could result in a reduction of your benefit if you have an award of ADP, so seek advice. The time limit for requesting a redetermination is 42 days from the date of the determination. SSS then has 56 calendar days to notify you of the decision. If you are still not happy when you get this notice, you can appeal to the independent First-tier Tribunal for Scotland. If it was not possible to ask SSS to redetermine the decision within the time limit, but you ask for a redetermination within one year of the determination, this can be considered as long as you have ‘good reason’ for lateness. You can also ask SSS to look at a determination again at any time if certain grounds are met – eg, if there has been a change in your circumstances.
If your ADP ends or reduces – eg, after a review, you can apply for short-term assistance while you apply for a redetermination. This is a temporary, non-repayable payment of benefit while your redetermination or appeal is pending.
6. Other benefits and tax credits
If you get adult disability payment (ADP) and are a student, this may help you to be eligible for universal credit (see here). It can also allow you to continue to get income-related employment and support allowance and housing benefit (HB) as a student, although new claims are only possible for HB and then only in certain circumstances (see here).
If you claim other benefits or tax credits, make sure the office dealing with your claim knows you get ADP, as it may qualify you for additional amounts in these.
If you, your partner or a young person you are responsible for get ADP, you are exempt from the benefit cap (see here and here).