Terminal illness diagnosis during non-SRTI application

An individual applying under the normal rules may submit Part 1 of a non-SRTI CDP application, then receive a terminal illness diagnosis resulting in Social Security Scotland being provided with a clinical judgement and subsequent BASRiS form.

The case manager should prioritise and make a first determination under the special rules using the date of clinical judgement. This will ensure the individual begins receiving higher rate disability assistance as soon as possible. For the SRTI award period, there is no requirement for the individual to submit a normal rules Part 2 application form. No supporting information in addition to the clinical judgement is required for this period. The SRTI award period is the period from the date of the clinical judgement.

A second determination, under non-SRTI rules, may be appropriate for the period between receipt of the non-SRTI Part 1 and the subsequent clinical judgement date. The individual may have been entitled to disability assistance under the normal rules for a period before becoming terminally ill.

For the second determination, the case manager will need to make use of a Part 2 application (if submitted) and/or any supporting information. Where the client is now terminally ill, the seeking of Part 2 and/or any supporting information should be proportionate and carried out sensitively. If a 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 initial date of application and the date of clinical judgement (of terminal illness), they will receive the value of that benefit in retrospect.

If there is a suggestion of the individual being terminally ill at the time of the initial application and prior to the date of clinical judgement, this must be investigated by a practitioner by making contact with the relevant RMP/RN. Contact should be directed to the RMP/RN and not the individual as there is a possibility that harmful information has been withheld from them.

If the case manager determines that the individual was terminally ill at the time of the initial application, payments can be backdated to that date. Awards can be backdated a maximum of 26 weeks and to no earlier than 26 July 2021.