Change of circumstances while you're getting Scottish Adult Disability Living Allowance

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

When to report a change of circumstances

You must tell Social Security Scotland if your circumstances change while you're getting Scottish Adult Disability Living Allowance (DLA). This might affect the amount of Scottish Adult DLA you get. You must tell Social Security Scotland if:

  • your personal or contact details change

  • your condition gets better or worse

  • the level of help and care you need changes

  • the support you need with your mobility changes

  • you move away from Scotland

  • you go into or leave a care home, hospital or hospice

  • you enter or leave legal detention.

You should tell Social Security Scotland about a change within 1 month, or as soon as can reasonably be expected. For example, if a change to your condition is gradual or goes up and down, it might take longer than a month for you to reasonably be expected to notice it.

If you report your change of circumstances late, you might have to pay some money back if you were overpaid, or you might miss out on money that you could have had.

How to report a change of circumstances

You can tell Social Security Scotland about a change of circumstances:

You can also fill in a form to authorise someone to speak to Social Security Scotland on your behalf. This might be helpful if you feel unable to find the information you need or understand things about your application. You can download a third-party authorisation form on mygov.scot.

If you do not report a change of circumstances

If you do not tell Social Security Scotland about a change in your circumstances, you might be overpaid or underpaid. If you're overpaid, you might be asked to pay the money back.

Find out how Social Security Scotland decides if you have to repay an overpayment.

You might also be committing a criminal offence.

Find out more about reporting a change of circumstances on mygov.scot.

What happens next

Social Security Scotland will contact you:

  • to tell you if the changes that you reported will affect your payments

  • if they need any more information to make a decision.

Who else to tell

If your Scottish Adult DLA stops, goes up or goes down because of a change of circumstances, you should tell whoever pays any other benefits you get, like the Department for Work and Pensions (DWP).

If your condition changes

If you tell Social Security Scotland about a change in your condition, they might carry out a review. The review is to check if you:

  • still meet the conditions for Scottish Adult DLA

  • are getting the correct components and rates.

You might be asked to provide supporting information about the change to your condition. You can provide this with the change of circumstances form or send it separately.

Read more about supporting information on mygov.scot.

If you do not agree with the review decision, you can ask for this to be looked at again. This is called a ‘re-determination’.

You usually need to ask within 42 days of being told about the review decision.

If your condition changes after you reach State Pension age

The rules about which component you can get depend on whether your condition changed before or after you reached State Pension age. If your condition changes after you reach State Pension age, you cannot:

  • newly qualify for the mobility component or the lowest rate of the care component

  • increase or decrease the rate of the mobility component you get.

If your condition changed before you reached State Pension age, you can still report it after you reach State Pension age.

If you’re already getting the care component or the mobility component when you reach State Pension age, you can continue to get it at the same rate as long as you’re eligible.

If you reach State Pension age and do not already get Scottish Adult DLA, DLA, Adult Disability Payment or PIP, you can apply for Pension Age Disability Payment or Attendance Allowance.

Read more about Pension Age Disability Payment and Attendance Allowance.

If you move home

You must tell Social Security Scotland if you move home.

If you move from Scotland to another part of the UK

You should tell Social Security Scotland that you've moved.

You can get Scottish Adult DLA for up to 13 weeks and then it will stop. This is to give you time to apply for Personal Independence Payment (PIP) if you’re of working age, or Attendance Allowance if you’ve reached State Pension age.

The amount of PIP or Attendance Allowance you get might be the same as, more than or less than the amount of Scottish Adult DLA you were getting.

Apply for PIP or Attendance Allowance as soon as you can. It might take several weeks for you to get a decision.

Read more about applying for PIP on GOV.UK.

Read more about applying for Attendance Allowance on GOV.UK.

If you move to Scotland from another part of the UK

If you get Disability Living Allowance (DLA) for adults, you need to tell:

  • the Department for Work and Pensions (DWP) the date of your move if you’ve moved from England or Wales

  • the Department for Communities (DfC) the date of your move if you’ve moved from Northern Ireland.

You'll keep getting DLA until you move to a Scottish benefit. There are no new awards for Scottish Adult DLA. Social Security Scotland will write to tell you which Scottish benefit you will move to, and when that will happen.

You will not have to apply again.

If you go into a care home

Scottish Adult DLA can be affected if you have overnight stays in a care home. If you spend time in a care home and this is paid for from public funds:

  • the care component will stop being paid after 28 days

  • the mobility component is not affected.

The days that you go into and leave a care home are not counted as days in a care home.

You'll still get the care component if your stay in a care home is funded by you, someone else or a charity.

Getting paid for the days you're at home

If the care component of your Scottish Adult DLA stops being paid because you're in a care home, you'll still be entitled to a daily rate of the care component for any days you spend at home.

For example, if you've been in a care home for more than 28 days, the care component of your Scottish Adult DLA will stop. But if you then go home on Friday and go back to the care home on Monday, you should get the care component at a daily rate for Friday, Saturday, Sunday and Monday (4 days).

Short stays in a care home

If you go into a publicly funded care home for a short stay, the care component of your Scottish Adult DLA might be affected.

Short stays in a care home that are separated by no more than 28 days will be added together. Once these short stays add up to a total of 28 days, your care component will stop being paid.

If you spend more than 28 days at home before another short stay, the clock is reset. So, if you go back into a care home for another short stay, you'll have another total of 28 days before the care component is stopped again.

The rules are complicated and can affect other benefits. Get advice from a Citizens Advice Bureau.

If you go into hospital or a hospice

Scottish Adult DLA can be affected if you have overnight stays in hospital.

If you go into hospital for medical treatment provided by the NHS, both the care component and the mobility component will stop after 28 days.

Short stays in hospital that are separated by no more than 28 days will be added together. Once these short stays add up to a total of 28 days, your Scottish Adult DLA will stop.

The days that you go into and leave hospital are not counted as days in hospital.

You'll still get Scottish Adult DLA if you're terminally ill and go into a hospice.

If you're detained in legal custody, both components of your Scottish Adult DLA will stop after 28 days.

The days that you go into and leave legal custody are not counted as days in custody.