Child Disability Payment decision making guide

Special Rules for Terminal Illness

Special Rules Requirements

The person who is terminally ill does not need to:

  • have a consultation with Social Security Scotland (SS (S) A 2018, Schedule 5, paragraph 10)
  • have been living in the UK for a set period of time (CDP regs, reg. 5(10))
  • have the medical condition for a specific period of time before they apply (SS (S) A 2018, Schedule 5, para. 9 and CDP regs, reg. 15(2)(a))
  • have the medical condition for a minimum period of time before eligibility can begin (SS (S) A 2018, Schedule 5, para. 9 and CDP regs, reg. 15(2)(a))

The backwards and forward tests do not apply to individuals who are terminally ill. This means eligibility for the care component can begin from birth and the individual does not need to have reached 3 months of age (CDP regs reg 4 (1A)).

Components and Rates

Special rules for terminal illness awards are ongoing without review.

There will be no review period and an individual remains eligible unless they have informed Social Security Scotland that their circumstances have changed.

CDP has two components: the care component and the mobility component. The care component has three rates (lowest, middle, highest) and the mobility component has two rates (lower, higher).

Individuals who are terminally ill who qualify for CDP automatically get the highest rate of the care and, from aged 3, the higher rate of the mobility components (CDP regs, reg. 15(1)(a) and (b)).

Individuals under three years old who have a terminal illness from birth (confirmed by the clinical judgement of an RMP or RN for example on a BASRiS form) receive the highest rate for the care component (from birth) (CDP regs reg 4(1A) 2 CDP regs, reg.15(1)(b)). They will not receive the mobility component until they reach age 3.

When an individual has an award of CDP under SRTI and is about to turn 3 years old, a case manager will carry out a determination without application, and make a decision that the individual is entitled to the higher rate of the mobility component from the child’s third birthday.

When an individual who has an award of CDP under SRTI is approaching 18 years they would be contacted to initiate a transfer to ADP using a determination without application. A CDP award would be able to continue in the instance that we do not receive confirmation from the client that they would like to move to ADP (CDP reg 4(1B)(a)).

Notification of changes in circumstances

The individual must tell Social Security Scotland of any change in circumstances that can affect the level of assistance that an individual is paid. This can include changes in:

  • diagnosis (including if the individual is no longer considered to be terminally ill)
  • other entitlement criteria such as residence (CDP regs, reg. 5)

Sign up to our newsletter

If you are an organisation or individual who works with people who may need information or support on any of our benefits, sign up to our stakeholder newsletter.

We'll never send you content you haven’t asked for and you can opt out at any time.

Please enter a valid email address

Read our privacy policy