Eligibility

The individual for whom an application for assistance is being made must meet the standard eligibility requirements for all individuals:

• meet the age criteria 
• meet certain residence and presence criteria
  The past presence test in the common travel area condition does not apply to people who are terminally ill. (ADP regs, reg. 15(6)) 
• have a right to public funds. For example someone seeking asylum to the UK who has not yet been granted asylum does not have a right to public funds. [Link to who has a right to public funds]

To be eligible under the special rules for terminal illness the person for whom an application for assistance is being made must also be diagnosed as terminally ill. A terminal illness diagnosis – known as the clinical judgement – must be made in accordance with Chief Medical Officer (CMO) guidance by a registered medical practitioner (RMP) or registered nurse (RN). (ADP regs, reg 26 (10)).

Social Security Scotland directs individuals resident in other parts of Great Britain to the Department for Work and Pensions and individuals resident in Northern Ireland to the Department of Communities. Where a client is moving between Scotland and the rest of the UK refer to the chapter below.

SRTI applications for ADP can be made by either:

• The individual
• Any third party including friend, family member or representative from an organisation as long as they have the individual’s consent to complete the application on their behalf.
• The individual’s Power of Attorney, Guardian or Social Security Scotland appointee who formally acts on their behalf

The age criteria for ADP applies equally if an applicant is terminally ill or if a current Adult Disability Payment client becomes terminally ill. This means the rules limiting eligibility to the mobility component apply if the individual is over state pension age at the point they become terminally ill.
This includes if an application for Adult Disability Payment is received for an individual who is over state pension age but was in receipt of Adult Disability Payment within a year of making the new application. See the relevant chapter to follow these rules.

Where the clinical judgement of terminal illness was made before the date the individual reached state pension age the rules limiting any increase to the mobility component do not apply. This includes scenarios where both:

• the SRTI ADP application is received after the individual reaches state pension age
• the clinical judgement is made before the individual reaches state pension age but is received by Social Security Scotland after the individual reaches state pension age

This is because their entitlement would be determined to start on the date of their clinical judgement, and so they will have been found to be entitled to an award before they reached state pension age. (ADP regs, reg. 25(5)).