Special Rules for Terminal Illness
An individual who meets the special rules for terminal illness immediately before the date of transfer is entitled to the enhanced rate of both the daily living and mobility components of Adult Disability Payment (Adult Disability Payment regs, Sch2, Part 3, Para 11(1))
However, where such an individual has reached the relevant age, meaning:
- state pension age (within the meaning given by the rules in paragraph 1 of schedule 4 to the Pensions Act 1995), or
- 65, if their state pension age was lower than 65
when they became terminally ill, they may only be entitled to the same rate of the mobility component they received in Personal Independence Award. This only applies if the entitlement arises from substantially the same condition or conditions in respect of which their mobility component on Personal Independence Payment was given (Adult Disability Payment regs, Sch2, Part 3, Para 11(1A)-(1B)).
Example: mobility component due before date of transfer
Margaret, aged 70, became terminally ill at age 66 and had her case transferred from Personal Independence Payment to Adult Disability Payment on 1 September 2022. Margaret reached state pension age when she was age 65 years. Margaret was receiving the enhanced rate of care component and standard rate mobility component of Personal Independence Payment on 29th August 2022. She is therefore due payment of the enhanced rate of care component and the standard rate mobility component of Adult Disability Payment from the 1 September 2022. There is no enhanced rate of mobility component available for Margaret as she was over the relevant age when she became terminally ill.
Special Rules for Terminal Illness backdating
In cases where the individual’s Adult Disability Payment award is higher due to Special Rules for Terminal Illness as described in paragraph 18, their Adult Disability Payment entitlement will be backdated to whichever is the later of (Adult Disability Payment regs, Sch2, Part 3, Para 11(2)(b)):
- the point the Adult Disability Payment regulations took effect, 21 March 2022;
- the date of clinical judgement; or • the day one year before their transfer determination
The amount of Adult Disability Payment they receive for this period should be reduced by the value of the Personal Independence Payment the client was entitled to for that same period (Adult Disability Payment regs, Sch2, Part 3, Para 14(c))