ADP appeals, case transfer of disability and carer benefits, pensions from EEA states

What to do if circumstances change pending an adult disability payment (ADP) appeal. No more case transfer of disability and carer benefits. Pensions from EEA states and the competent state.

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Change of circumstances pending an appeal

There has been a great deal of confusion around what you should do if you are appealing an ADP decision and your circumstances change while you await the outcome. With long delays reported in the time taken for appeals to be heard, this can be a common problem.

On a new claim for ADP Reg 35 of The Disability Assistance for Working Age People (Scotland) Regulations 2022 says it can only be awarded if all criteria are satisfied at the date the claim was completed (ie when part 2 is submitted) or within 13 weeks of that date. If there is a change in your care needs or mobility after you claimed, the First-tier Tribunal for Scotland (FTS) cannot make an award based on that change. What can you do?

No award made

If the redetermination under appeal made no award and a change affecting entitlement happens after the date of claim which could lead to an award, or a higher award, it is advisable to claim again. You may need to challenge the second decision if you're not happy with the outcome.

Award made

If the decision being appealed resulted in an award of benefit and Social Security Scotland (SSS) becomes aware of a change in circumstances affecting entitlement, Reg 48 says a new determination should be made. If a change happens after you made the original claim you should notify SSS of the change in circumstances and ask for a new determination to take account of the change. You don’t need a new claim.

In both situations you can continue with the appeal of the original decision if you think there is a chance of success based on circumstances before the change. If a new claim is determined before the appeal, or a new determination made, when deciding your appeal for the original decision the FTS can only consider a closed period up to the effective date of any new determination.

No more case transfer of disability and carer benefits

The process of moving people from DWP benefits to the Scottish system has completed. Case transfer was designed so that people did not need to reapply for benefits or experience any break in payments. Since 6 November 2025, it has not been possible to transfer to adult disability payment (ADP), child disability payment (CDP) or carer support payment (CSP) and from 23 February 2026, that also applied to pension age disability payment (PADP) and Scottish adult DLA (SADLA).

This has led to some questions about what to do if your DWP benefit has stopped without being transferred to the Scottish equivalent. This could happen because you were missed in the transfer process or if you have moved to Scotland from elsewhere in the UK after these dates. In both cases, you will need to claim (or in the case of SADLA ‘request’) the equivalent Scottish benefit because transfer is no longer possible.

Missed transfers

If you have been living in Scotland and getting UK disability or carer benefits before these dates but were not transferred, you can find out more at Missed case transfers - Social Security Scotland.

Moved to Scotland

If you moved to Scotland from elsewhere in the UK, your disability benefit or carers allowance will end 13 weeks after you moved. However, The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 has made provision for backdating of an award in these circumstances, but your claim (or request) must be completed within time limits to benefit from that backdate.

If you contact Social Security Scotland (SSS) to start a claim within 26 weeks of the move, and the disability benefit claims are completed (part 2 submitted) within 34 weeks of the move (32 weeks for CDP), the new award can start from the day after the UK benefit ends. If a claim is outside those time limits, awards may still be backdated if there is good reason for lateness. Guidance on cross-border issues is available at Cross-border moves - Social Security Scotland.

It's worth noting that if you were getting PIP or adult DLA and are now over pension age, you can still claim ADP or request SADLA. You do not need to claim PADP.

Are you getting a pension from an EEA state?

It has historically been argued that if you are covered by EU co-ordination rules and are getting a pension (including some benefits) from another EEA state then that country would be the competent state for the payment of certain benefits. This can affect claims for the care components/daily living components of disability benefits and carer benefits and you may have been refused benefit for those reasons.

New caselaw

However, recent caselaw SE v SSWP [2024] UKUT 405 (AAC) found that unless you are working in another state, the state you live in will usually be the competent state to pay these benefits. If you do not qualify for the benefit in your state of residence it is only then that the state who pays you the pension would become competent to pay.

DWP guidance

Following this decision the DWP has issued guidance on this which is available here: 08-26: PIP (Daily Living) & ESA (New Style) - Competent State for Cash Sickness Benefits of Pensioners and their Family Members

This is a UK decision so not binding on Scottish decision makers but we understand that SSS intends to follow this. At the time of writing, SSS guidance has not yet been updated to reflect this. If you are claiming a disability or carer benefit and are refused because you have a pension from an EEA state you should seek a redetermination and mention the above case. Contact CPAG in Scotland (see below) if you are having difficulties with this.

Help for advisers

If you have questions about your client’s benefit, or if you have any other questions about social security benefits, please phone our advice line for advisers and frontline staff on 0141 552 0552. The advice line is available Monday–Thursday, 10am–4pm and Fridays, 10am–12 noon. You can also email your enquiries to us at [email protected]

Talks for teams and networks

If you would like CPAG in Scotland’s Disabled children and families service to come and give a talk on how we can support your work, or a short presentation covering a few key topics, please get in touch. We can either come to you in person or online through Teams or Zoom. We could attend a staff meeting if that would be your preference.

If you want something more in depth, we can offer training or a workshop. This could be standalone, or as part of a larger event or conference that you are organising.

If interested in either, please contact Moira Escreet: [email protected]