Incomplete SRTI applications
Where a one-part SRTI application form is received without a BASRiS (or equivalent), Social Security Scotland will need to make contact with the named RMP/RN to acquire the clinical judgement as confirmation that it is a special rules application. Together, the SRTI application form and clinical judgement constitute an application. Equally, Part 1 only of the ‘normal rules’ ADP application form and a clinical judgement constitute a special rules application.
Where a ‘lone’ BASRiS (or clinical judgement) is received without an ADP application form, Social Security Scotland will need to make contact with the individual or person acting on their behalf so an SRTI application can be made if desired. A Part 1 only of a normal application would be sufficient and would be less burdensome for the client. An SRTI application can be either:
- Normal Rules Part 1 only plus BASRiS (or equivalent supporting information) - no Part 2 would be required
- Normal Rules Part 1 and part 2 plus BASRiS (or equivalent supporting information)
- SRTI form plus BASRiS (or equivalent supporting information)
Where harmful information is being withheld from the individual, Social Security Scotland will contact the legal representative named on the BASRiS, if such details have been provided, so they can complete an SRTI application on behalf of the individual.
However, not all clients have or need a legal representative. Where there are no contact details for a legal representative this does not mean a BASRiS is incomplete. Even where there are no details of a legal representative, the lone BASRiS can still be processed.
There is operational guidance available which explains how to process applications in instances where a harmful indicator is showing and a client, their parent, guardian, or legal representative is unaware of the terminal illness diagnosis. This same guidance is appropriate for both a lone BASRiS with no details of a legal representative and for an SR1 form which does not capture such details. The guidance explains how to decide which letter should be sent
- read Applications received with no BASRiS, DS1500 or SR1 form
- read How to decide which letter to send
When communicating with the client, their parent, guardian, or legal representative care should be taken to ensure harmful information is not disclosed.
Example: Normal rules Part 1 only followed by BASRiS
Gwen submits a normal rules Part 1 application on January 2024, a Part 2 was never received but Gwen then submits both a subsequent SRTI application and a BASRiS form on 8 March 2024. The BASRiS gives a clinical judgement date of 07 March 2024 - a later date than the Part 1 application. The Case manager contacts Gwen who states she believes she was terminally ill at the time of her Part 1 application. However, due to very poor health, she had been unable to complete a Part 2. Gwen states she later realised she should have applied in January using the SRTI application form instead of the normal rules form. The clinical judgement date was investigated by a Practitioner. Gwen’s GP gives a verbal BASRiS confirming Gwen was terminally ill when she submitted her Part 1 application on 1 January 2024. Together a Part 1 and BASRiS (or equivalent) constitute an application. The verbal BASRiS from Gwen’s GP provided the required supporting information and terminal illness confirmation so a Part 2 was not required. Gwen needn’t have submitted the SRTI application in addition to the BASRiS. Using the Part 1 and the verbal BASRiS the application was processed under special rules.
Example: Normal Rules Part 1 and Part 2 application submitted then terminal illness diagnosis received before a determination has been made
Jeff has arthritis and submits a Part 1 and Part 2 normal rules application on 19 February 2024. A BASRiS form is later received which advises that Jeff has been diagnosed with stage 4 lung cancer and is now eligible under SRTI. The BASRiS gives a clinical judgement date of 1 March 2024. Two determinations will require to be made. A first determination is prioritised using the 1 March 2024 date of clinical judgement to ensure that Jeff begins to receive the highest rates of disability assistance as soon as possible. A second determination is then made for the normal rules period between the date of the initial application on 19 February 2024 and the clinical judgement date of 01 March 2024. The Case Manager uses the information provided on Part 2 of the application and other available supporting information to make their normal rules determination.
Example: Normal Rules application submitted with Part 1 only then terminal illness diagnosis received before a determination has been made
Diane has anxiety and submits Part 1 of a normal rules application on 1 May 2024. A BASRiS form is later received which advises that Diane has been diagnosed with stage 4 breast cancer and is now eligible under SRTI. The BASRiS advises a clinical judgement date of 27 May 2024. A Practitioner investigates the clinical judgement date with Diane’s GP as she may have been terminally ill when she submitted her Part 1 application. Diane’s GP confirms the 27 May 2024 clinical judgement date. Two determinations will require to be made. A first determination is prioritised under SRTI using the 27 May 2024 date of clinical judgement to ensure that Diane begins to receive the highest rates of disability assistance as soon as possible. For the SRTI award period there is no requirement to submit a normal rules Part 2 application form. No supporting information in addition to the clinical judgement is required for this period. A second determination is then required to be made for the normal rules period between the dates of the initial application on 1 May 2024 and the clinical judgement date of 27 May 2024. As Diane is now terminally ill, the seeking of supporting information for the normal rules period needs to be carried out sensitively. Local Delivery are contacted and visit Diane to assist with completing Part 2 of the application. It is determined that Diane is entitled to normal rules ADP between the date of application and the date of clinical judgement of terminal illness, and Diane receives the value of that benefit in retrospect.