Child Disability Payment decision making guide
Terminal illness diagnosis during non-SRTI application
An individual may correctly submit a ‘standard’ CDP application not under SRTI, and later, due to a terminal illness diagnosis, provide a BASRiS form, or indicate to Social Security Scotland that they are now eligible under SRTI. Where this occurs:
- Prioritise and make a first determination under Special Rules for Terminal Illness using the date of clinical judgement (on the BASRiS form or equivalent) to ensure the individual begins receiving the higher rates of disability assistance as soon as possible. For the SRTI award period, there is no requirement for an individual to submit a normal rules Part 2 CDP application form if they are terminally ill. No supporting information in addition to the clinical judgement is required for this period.
- Next, the Case Manager should establish whether the individual was terminally ill at the time of the initial application (dated prior to the BASRiS). This will require the Case Manager to contact the individual’s RMP or RN. If there is a likelihood of the individual being terminally ill prior to the date of clinical judgement (on the BASRiS form or equivalent), this must be investigated by making contact with the relevant RMP/RN.
- If the Case Manager determines that the individual was terminally ill at the time of the initial application, we can then backdate SRTI payments to that date. An award can be backdated to a maximum of 26 weeks and to no earlier than 26 July 2021 (when CDP Regulations commenced).
- Alternatively, the individual may have been entitled to disability assistance under the standard rules for a period before they became terminally ill.
- If, after investigation, it is established that the individual was not terminally ill at the time of the initial application, the Case Manager will make a second determination for the period between the date of the initial application and the clinical judgement of terminal illness. The Case Manager will need to make use of a Part 2 application (if submitted) and/or any supporting information available.
- Where no supporting information has been submitted, this may need to be sought. However where an individual is now terminally ill, the seeking of supporting information must be proportionate, ‘light-touch’ and carried out sensitively. A third party named by the individual’s RMP/RN and/or Local Delivery staff could assist with completing a Part 2 application. If the second determination can be made without the individual themselves being asked to complete a Part 2, this should happen. If the second determination finds that the client was entitled to CDP between the date of application and the date of clinical judgement (of terminal illness), they will receive the value of that benefit in retrospect.