Social Security Scotland - Pension Age Disability Payment stoppage queries: FOI release

Information requested

1. Why are PADP payments stopped when someone goes into hospital / council-funded care?
2. If someone has disability support needs beyond what the hospital / care home can provide, and these are not being met (or fully met) via the care home / hospital or via other council funding during the period in which the person is in hospital/care, can the individual retain all/some of their PDAP to enable them to meet these expenses while in care?
3. Can SSS apply discretion to enable people to retain PDAP during their stay in care/hospital, in exceptional circumstances? If so, in what sort of circumstances could discretion to allow retention of PDAP be applied? And on what legal / policy basis would discretion be applied?
4. As an example: if someone eligible for PDAP had mental health issues resulting in a requirement for tailored support which could not be provided by a care home or the council or through NHS channels, would they be able to retain their PDAP in order to access relevant support during thier time in care/hospital? If not, how would SSS expect them to meet the financial burden of suport for their mental health disability during their time in hospital/care?

Response

In response to question 1
You asked “why are PADP payments stopped when someone goes into hospital / council funded care?”

Pension Age Disability Payment is intended to provide financial assistance to help mitigate the costs that individuals and their families incur as a result of being disabled or having a long term ill health condition. Where an individual is residing in either hospital or a care home it would be expected that their care needs are met by their place of residence. This means that continuing to pay Pension Age Disability Payment where an individual’s care needs are met through alternative public funding, such as through a care home or hospital, would lead to funding duplication in meeting the individual’s care needs.

This policy was considered at the time Pension Age Disability Payment was being developed through the Consultation on Disability Assistance in Scotland (2019) and further in the Equality Impact Assessment undertaken for Pension Age Disability Payment in 2024. These can be found here:

Social Security - A Consultation on Disability Assistance in Scotland - Scottish Government response
Disability Assistance for Older People (Scotland) Regulations 2024: Equality Impact Assessment - gov.scot

In response to question 2
You asked “If someone has disability support needs beyond what the hospital / care home can provide, and these are not being met (or fully met) via the care home / hospital or via other council funding during the period in which the person is in hospital/care, can the individual retain all/some of their PDAP to enable them to meet these expenses while in care?”

In general, people in a hospital or a care home, are not able to retain payment, of all or some, of their Pension Age Disability Payment after 28 days.

There are two exceptions. First, this rule does not apply to those who are both in a hospice and have a terminal illness. Second, individuals remain entitled to be paid Pension Age Disability Payment after 28 days where they are living in hospital or in a care home and the full cost of the qualifying services are privately funded. These exceptions have been outlined in the Pension Age Disability Payment Decision Making Guide, which can be found here: Exceptions - Social Security Scotland.

Social Security Scotland has no ability to apply any discretion here as the legislation explicitly sets out the rules to be followed when considering an individual’s stay in alternative accommodation. The Disability Assistance for Older People (Scotland) Regulations 2024 can be found here: The Disability Assistance for Older People (Scotland) Regulations 2024.

Local authorities have statutory duties under the Self-directed Support (Scotland) Act 2013 to assess an individual’s social care needs and determine eligibility for support. If assessed needs are not being met, or a person’s needs have changed, the local authority is responsible for reviewing the care package and taking appropriate action to ensure needs are met. Information about this duty has been published online here:

• Self‑directed Support (Scotland) Act 2013
• Social Care (Self-directed Support)(Scotland) Act 2013 - Statutory Guidance

In response to questions 3 and 4
You asked “Can SSS apply discretion to enable people to retain PDAP during their stay in care/hospital, in exceptional circumstances? If so, in what sort of circumstances could discretion to allow retention of PDAP be applied? And on what legal / policy basis would discretion be applied?”

You also asked “As an example: if someone eligible for PDAP had mental health issues resulting in a requirement for tailored support which could not be provided by a care home or the council or through NHS channels, would they be able to retain their PDAP in order to access relevant support during thier time in care/hospital? If not, how would SSS expect them to meet the financial burden of suport for their mental health disability during their time in hospital/care?”

As explained in our response to question 2, Social Security Scotland has no ability to apply any discretion here as the legislation explicitly sets out the rules to be followed when considering an individual’s stay in alternative accommodation. The Disability Assistance for Older People (Scotland) Regulations 2024 can be found here: The Disability Assistance for Older People (Scotland) Regulations 2024.

If a person’s care needs are not being met while they are in a hospital or care home, submitting a formal complaint to the relevant local authority may help ensure that concerns are considered fully and fairly. Details of each local authority’s complaints procedure are available on its website. If dissatisfaction remains after the conclusion of this process, the matter may be raised with the Scottish Public Services Ombudsman. Information on the Scottish Public Services Ombudsman can be found here: Scottish Public Services Ombudsman.

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