This chapter explains how to make decisions regarding applications for individuals who are terminally ill. The rules set out below are known as special rules for terminal illness (SRTI) applications.

This chapter relates to individuals applying for Child Disability Payment (CDP).

The SRTI rules apply to individuals who meet the legal definition of terminal illness in the Social Security (Scotland) Act 2018.

A person is considered to be terminally ill if ‘"the individual has a progressive disease that can reasonably be expected to cause the individual's death" (SS (S) Act 2018, Schedule 5, para 1(2)) and regulation 15(6) of the CDP Regs.

Individuals are diagnosed by a registered medical practitioner (RMP) or a registered nurse (RN). A RMP is a doctor who has current registration with the General Medical Council.

A RN is a nurse who has current registration with the Nursing and Midwifery Council. The decision of whether the individual meets the terminal illness definition can only be determined by a RMP or a RN (CDP regs, reg. 15(9)(a)).

If an individual has a progressive disease but is not terminally ill, the special rules for terminal illness do not apply. This means they need to apply through the usual CDP application process. The RMP or RN must follow the Chief Medical Officer (CMO) guidance1 which supports RMP’s and RN’s in reaching their clinical judgement of terminal illness (SS (S) Act 2018, Schedule 5, para 1(2)).

The RMP or RN must be involved in the diagnosis and / or care of the individual and must be acting in their professional capacity.

Where the person who is terminally ill resides in the EEA, Switzerland or Gibraltar, the RMP or RN has to be a member of the professional body equivalent to the General Medical Council or the Nursing and Midwifery Council in that country.

Where the person who is terminally ill resides in the EEA, Switzerland or Gibraltar, the RMP or RN need not have regard to such guidance if it would not be reasonable to insist that they do so in making their clinical judgement (CDP regs, reg. 15(8)).

A Benefits Assessment for Special Rules in Scotland (BASRiS) form should be completed for a terminally ill child applying for Child Disability Payment in Scotland. Social Security Scotland will also accept a DS1500 or SR1.

The BASRiS form will replace the DS1500/SR1 for Scotland’s new forms of Disability Assistance.