Child Disability Payment decision making guide
Date of Award
An individual who is terminally ill becomes entitled to assistance from whichever of these dates is earliest (CDP regs, reg. 15(3)(4)):
- the date Social Security Scotland receives their application (which included information about the individual’s terminal illness)
- the date a RMP or RN makes a clinical judgment that the individual meets the terminal illness definition
- the date Social Security Scotland become aware that a current client is terminally ill either by them notifying through a change of circumstances or otherwise. The clinical judgement is the Date of Clinical Judgement of Terminal Illness on the BASRiS form. If BASRiS information is taken verbally and a form is later sent to Social Security Scotland then the clinical judgement is the date of the verbal BASRiS.
Where the date of clinical judgement on the BASRiS form is earlier than the date the application is received but also within 26 weeks of the date the application is received, or the date the Scottish Ministers become aware that a CDP recipient is terminally ill (CDP regs, reg. 15(3)(b)), the award will commence from the date on the BASRiS form (CDP regs, reg. 15(4)). (Or, if earlier, the date of the verbal BASRiS).
This date can be no earlier than 26 July 2021 which is the date the CDP Regulations commenced. (Please note, Child Disability Payment underwent a phased launch and was made available in a number of Local Authority areas until national launch on 22 November 2021.) If the person applied when CDP went live in their Local Authority area, and the BASRiS clinical judgement is dated earlier than the date their application is received (and also earlier than the date CDP launched in their Local Authority area), we can still backdate to the clinical judgement date on the BASRiS as long as this date is not before 26 July 2021 and provided it’s within 26 weeks of the date the application has been received.
James lives in Glasgow, and his Mother applied for Child Disability Payment on his behalf through the special rules route on 22 November 2021, the national launch date of CDP. Social Security Scotland receive a BASRiS with a clinical judgement date of 10 November 2021 confirming that James meets the terminal illness definition.
The date the award starts is to be 10 November 2021 because the BASRiS clinical judgement was prior to the date the application was received, the date on the BASRiS was within 26 weeks of the date the application was received, and the BASRiS clinical judgement date was no earlier than 26 July 2021.
Catherine’s BASRiS form arrives. It has a date of clinical judgement of 30 August. An application form then arrives on 12 September. The date the award starts is taken from the 30 August, because the BASRiS clinical judgement date precedes the date the application is received and is less than 26 weeks before the application date.
Most BASRiS forms will be submitted directly to Social Security Scotland by the RMP or RN. However there may be situations when an individual has been given the BASRiS form but the individual either fails to supply or delays in supplying the form to Social Security Scotland. Or an individual may have received a diagnosis of terminal illness from their RMP/RN but not a BASRiS form.
If the BASRiS date is more than 26 weeks earlier than the date the application is received, or the date that Social Security Scotland become aware that an CDP recipient is terminally ill (CDP regs, reg. 15(3)-(5)), then a practitioner must contact the RMP or RN.
The RMP or RN who completed the BASRiS form must confirm the individual’s terminal illness diagnosis is still accurate. This confirmation can be verbal or written.
If the terminal illness diagnosis is confirmed by the RMP/RN the date the award will commence is backdated to a maximum of 26 weeks before the date of application (CDP regs, reg. 15(5)), or 26 weeks before the date the Scottish ministers become aware that an CDP recipient is terminally ill (CDP regs, reg. 15(3)(b)).
Jane’s RMP completes a BASRiS form with a clinical judgement date of 7 May for Jane and gives it to her mother. Jane’s mother is too distressed at the time to apply for assistance.
On 20 December she decides to apply and also submits the BASRiS form. A practitioner in Social Security Scotland contacts the RMP to confirm the terminal diagnosis is still accurate since the BASRiS clinical judgement precedes the application date by more than 26 weeks..
Once the terminal illness diagnosis is confirmed by the RMP as still valid, the award is calculated from 26 weeks prior to 20 December and an appropriate back payment is made.
Social Security Scotland receives a BASRiS that was signed 30 weeks before the date it receives the application. After confirming the individual’s terminal illness diagnosis with the RMP or RN, Social Security Scotland will make payments from 26 weeks before the date the application was received.
The higher rate for care was uprated on 1 April. Payments for the weeks prior to 1 April will be calculated on the rate prior to the uprating. Payment for any weeks after 1 April will be calculated at the uprated rate.
If a DS1500 or SR1 is received as an alternative to the BASRiS, the date of diagnosis on the form is regarded as the date of the clinical judgement and therefore confirmation of the date that the person meets the Scottish terminal illness definition.