Benefit transfers by the Scottish government

I am seeking clarification about what will happen when the Scottish Government takes over payments of Disability Benefits. As far as I can understand it from their website People in receipt of PIP who are below State Pension age will be transferred to Adult Disability Payment which has roughly the same criteria as PIP. Those who have reached Pension age, however, will be transferred to Pension Age Disability Payment which has roughly the same criteria as Attendance Allowance.

However Pension Age Disability has no mobility element, similar to Attendance Allowance. There are assurances that no-one will receive a lower payment once the transfer is made. However, my question is what about all the people receiving PIP and are of Pension age with use of a motability vehicle? Is this to be taken away from them? Most of us would agree that the loss of a motability vehicle is not going to be compensated for by an assurance that no-one’s benefit payment will be lower than on the UK scheme. A car is a lifeline to those who cannot travel on public transport.

In my case, I do not have enhanced mobility element of PIP, but have recently asked DWP for a review since my mobility has very much deteriorated. I reach Pension age in April 2022 so if they haven’t reassessed me before then and the Scottish Scheme takes over I will have no chance of having my mobility needs taken into account. I have written to my local MSP about this matter and will report back.

Hi Barbara, I've been reading through the consultation and proposed regulations, and I think that if you've been awarded the mobility element, or have submitted a new claim, before reaching State Pension age then the Adult Disability Payment can continue, much the same as now with PIP. Hopefully you will be assessed and awarded the higher rate mobility component long before the transfer anyway.

Here's the draft regulation found online:

Persons of pensionable age: exceptions (regulation 23)

36. This regulation provides that existing entitlement to Adult Disability Payment can continue once a person reaches the relevant age. It also provides that an award can be made to individuals who applied for Adult Disability Payment before the relevant age but had not received a determination prior to reaching that age.

Adult disability payment after an interval and after reaching the relevant age (regulation 24)

37. This section makes changes to the way Regulation 13 (applications after an interval) operates for clients who have reached the relevant age. One key difference is that the interval between entitlement ending and a new application being made is reduced to 1 year. The other is that clients are only eligible for the enhanced rate of the mobility component of Adult Disability Payment if they were entitled to that same rate of the component under their previous award. Otherwise, they must be entitled to the mobility component at the standard rate.

Determination of an award after the person has reached the relevant age (regulation 25)

38. This regulation applies to individuals who have reached the relevant age and are in receipt of the mobility component of Adult Disability Payment. If a new determination of entitlement requires to be made, the mobility component may only continue to be awarded at the same rate, provided eligibility is based on substantially the same condition or conditions as the previous award. It cannot, however, be increased. It may be reduced if the individual no longer meets the eligibility criteria for the standard or enhanced rate. The regulation also provides that if an individual who has reached the relevant age had a mobility component award that ended no more than one year prior to the award being re-determined, the previous mobility component can be reinstated.

Can BENEFITSANDWORK. CO. UK update the criteria of Adult Disability Payment to help the members to fill the applicationforms