1. Who can get adult disability payment
Adult disability payment (ADP) is a non-means-tested benefit for adults, intended to help with the extra costs of having a disability or long-term health condition. People with mental health problems, with or without a diagnosis, may be eligible for ADP.
You can get ADP if:1s31 and Sch 5 SS(S)A 2018; regs 3 and 4 DAWAP(S) Regs •you are 16 or over and under pension age, which is currently 66 (some people over pension age can also get ADP – see here); and •you are not a ‘person subject to immigration control’ and you meet the residence conditions – see CPAG’s Welfare Benefits and Tax Credits Handbook; and
•you are not entitled to child disability payment (CDP), disability living allowance (DLA), personal independence payment (PIP), attendance allowance or armed forces independence payment (but see here if you are being transferred to ADP; and •you meet the disability conditions (see here); and •you have had your difficulties for at least 13 weeks and expect to have them for at least 39 weeks longer (this is called the ‘required period condition’).2Regs 10-14, 23 and 35(2) DAWAP(S) Regs
Special rules apply if you are regarded as terminally ill (see here) and when you are in prison, living in a care home, and in certain other situations (see Chapter 16). Couples and adult disability payment
You claim ADP as an individual. If you are in a couple, one or both of you can claim ADP if you meet the criteria.
Getting adult disability payment if you are over pension age
You may be able to make a new claim for ADP after turning 66 if you had a previous award of ADP, DLA or PIP that ended less than a year before you claim.3Reg 23 DAWAP(S) Regs The upper age limit for getting ADP also does not apply if you claimed ADP before turning 66, are already entitled to ADP when you turn 66, or are being transferred from PIP or DLA to ADP.4Reg 24 DAWAP(S) Regs If you have turned 66 and cannot get ADP under one of these exceptions, you may be able to claim attendance allowance instead (see Chapter 12). Even if you can get ADP over 66 under these rules, the amount of the mobility component that you can get might be restricted. There is more information in CPAG’s Welfare Benefits and Tax Credits Handbook.