Adult disability payment | Case law
2025 | 2024 | 2023
- Pension-age DLA to ADP transfer claimant was protected from the general rule that prevents increases in mobility component awards after pension age
- 2025 UT 105
- Social Security Scotland v KM
- Where Social Security Scotland changed its position during course of tribunal hearing, claimant should have been given opportunity to adjourn
- 2025 UT 86
- RB v Social Security Scotland
- Tribunal considering appeal against decision to refuse ADP was not entitled to take account of circumstances not obtaining at the date of decision appealed
- 2025 UT 79
- Social Security Scotland v SH
- Tribunal erred in law by awarding ADP components from different start dates
- 2025 UT 74
- Social Security Scotland v SF
- Tribunal erred in making ‘stepped award’ to increase ADP entitlement for a second period on basis of information pertaining to time after Social Security Scotland’s determinations
- 2025 UT 66
- Social Security Scotland v DC
- Tribunal’s observations in refusing permission to appeal an ADP ruling cannot compensate for poor quality decision-making
- 2025 UT 63
- Social Security Scotland v CB
- Increased award of ADP to account for a change of circumstances in period before transfer determination was payable to claimant subject to an offset of PIP already paid
- 2025 UT 55
- Social Security Scotland v HL
- Tribunal erred in law by failing to take account of a subsequent supersession of an ADP decision under appeal despite not being informed about the adjudication history
- 2025 UT 52
- Social Security Scotland v VH
- Increased award in an ADP transfer case triggered by a PIP claimant reporting deterioration in health should have been date the claimant notified change of circumstances
- 2025 UT 45
- Social Security Scotland v PV
- Social Security Scotland challenges defective tribunal decision to seek more favourable ADP award for claimant
- 2025 UT 44
- Social Security Scotland v LR
- Phone reminder can be an aid or appliance for the purposes of taking medication
- 2025 UT 43
- MM v Social Security Scotland
- Where an ADP claimant seeks to do anything other than preserve a tribunal decision in the terms in which it was made, they are required to seek permission to appeal
- 2025 UT 42
- Social Security Scotland v RF
- Scottish tribunal failed to provide adequate reasons for selecting ADP mobility descriptor that applied to unfamiliar as opposed to familiar journeys
- 2025 UT 33
- KK v Social Security Scotland
- Ability to walk 140 metres during a single clinical test does not ‘prima facie’ provide a sufficient practical assessment of claimant’s mobility for the purposes of adult disability payment
- 2025 UT 32
- RC v Social Security Scotland
- Period of entitlement to a higher rate of ADP in a PIP transfer case began from the date the claimant notified a late change of circumstances to the DWP in connection with her PIP claim
- 2025 UT 29
- Social Security Scotland v AM
- Required period condition applied to increased award of ADP following reported change of circumstances for claimant who migrated from PIP
- 2025 UT 28
- Social Security Scotland v AM
- Tribunal misdirected itself by failing to apply ‘required period’ condition when awarding ADP from the claim date based on disablement that started around the same time
- 2025 UT 27
- Social Security Scotland v JS
- Scottish tribunal erred in law by relying on a WCA decision made by an HMCTS tribunal to provide the evidential basis for an ADP award
- 2025 UT 23
- Social Security Scotland v DG
- Upper Tribunal for Scotland considers test for adequacy of reasons for devolved benefit appeal decisions in relation to the brevity of a tribunal’s reasons for awarding zero points for ADP activity 5
- 2025 UT 18
- RM v Social Security Scotland
- Social Security Scotland’s failure to follow usual practice of passing details of a representative to the FTS was a material procedural irregularity that justified ‘quashing’ tribunal’s decision
- 2025 UT 13
- JA v Social Security Scotland
- Tribunal erred in failing to consider relevant evidence provided by ‘credible and reliable’ ADP claimant
- 2025 UT 05
- SC v Social Security Scotland
2024
- Date of claim for ADP in Scotland is date of initial phone contact provided full claim is received within eight weeks
- 2024 UT 71
- Social Security Scotland v GK
- Upper Tribunal for Scotland sets out the principles which guide the grant or refusal of permission to appeal against decisions of the First-tier Tribunal in social security cases
- 2024 UT 65
- KW v Social Security Scotland
- When considering ADP mobility descriptor 1(d), the same interpretation should be given as under the 2013 PIP Regulations and MH v SSWP
- 2024 UT 63
- Social Security Scotland v AH, AS, SS, and GA
- Tribunal must make findings with regard to ability being causally linked to medical condition, and specify whether an ADP award is for a fixed or indefinite period
- 2024 UT 58
- Social Security Scotland v BM
- Tribunal considering an ADP appeal was entitled to take account of circumstances not obtaining at the date of decision appealed
- 2024 UT 53
- Social Security Scotland v HK
- Tribunal was correct to find that claimant’s reading and writing difficulties fell within the terms of several ADP descriptors and had a causal connection to a ‘physical or mental condition’
- 2024 UT 46
- Social Security Scotland v AM
- First-tier Tribunal must explain how required period condition is met when considering entitlement to adult disability payment
- 2024 UT 23
- Social Security Scotland v FK
- Circumstances of claimant’s case did not require the First-tier Tribunal for Scotland to use power to call for further medical evidence
- 2024 UT 05
- AK v Social Security Scotland
2023
- First-tier Tribunal for Scotland erred in failing to consider exercising its power to call for further evidence
- 2023 UT 35
- NB v Social Security Scotland