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 component and the mobility component of Adult Disability Payment (ADP Transitional and Miscellaneous Amendment Regs, reg 9).

Note that, as above in paragraph 22, the usual rules on limiting the mobility component for those who are over pension age do not apply to people whose awards transfer from Disability Living Allowance to Adult Disability Payment. Individuals who meet the special rules for terminal illness at the point of transfer can access the enhanced rate of the mobility component.

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 24., their Adult Disability Payment entitlement will be backdated to whichever is the later (ADP Transitional and Miscellaneous Amendment Regs, reg 9(2)) of:

• the point the Adult Disability Payment regulations took effect i.e. 21 March 2022;
• the date of clinical judgement; or
• one year before their transfer Adult Disability Payment determination.