In Scotland claimants who have been refused PIP can claim ADP

For Scottish claimants thought I would share this.

Claimants who have been refused PIP, whether on a new claim or at review, can claim ADP. They can of course also MR/appeal the PIP refusal. What then happens depends on the order in which the decisions are made. If the PIP MR/appeal is unsuccessful, then clearly the claimant won’t get any PIP. Then if the ADP claim is successful, unless the claimant is terminally ill, it will be paid from the date of claim. If the MR/appeal is successful and PIP is awarded, then what happens to the ADP will depend on the date of the ADP decision. If PIP is awarded before the ADP decision, it will continue and the client won’t get ADP until they are transferred as part of the normal case transfer process. However if the ADP claim is decided before the PIP award, PIP can only be awarded until the day before the ADP start date. This is because you can’t get PIP and ADP for the same period. For ADP this is contained in reg 4 of The Disability Assistance for Working Age People (Scotland) Regulations 2022 which states:



“An individual is not entitled to Adult Disability Payment while they are entitled to—… Personal Independence Payment.”

The PIP equivalent is contained in the WRA 2012, s77(4) (amended by SI 2022/335, reg 3(2))


(4)A person is not entitled to personal independence payment while they are entitled to [F2adult disability payment or child disability payment].]

Have already advised several clients who have done this.

I have some concerns about what would happen in practice ie, whether DWP and SSS talk to each other/pass on information. All I can say it’s supposed to work as described above and SSS have issued guidance about transfers from PIP to ADP. However it’s too early to say how the process happens in practice.