Special Rules for Terminal Illness

Special Rules Requirements

The person who is terminally ill does not need to:

• have a consultation with Social Security Scotland (SS (S) A 2018, Schedule 5, Chapter 3 paragraph 10)
• have been living in the UK for a set period of time (ADP regs, reg. 15 (6)) 
• have the medical condition for a specific period of time before they apply (SS (S) A 2018, Schedule 5, para. 9 and ADP regs, reg. 26(2))
• have the medical condition for a minimum period of time before eligibility can begin (SS (S) A 2018, Schedule 5, para. 9 and ADP regs, reg. 26(2))

The backwards and forward tests do not apply to individuals who are terminally ill. 

Components and Rates

Special rules for terminal illness awards are ongoing without review. There will be no review period and an individual remains eligible unless they have informed Social Security Scotland that their circumstances have changed.

ADP has two components:

• the daily living component
• the mobility component.

The daily living component has 2 rates (standard & enhanced) and the mobility component has two rates (standard & enhanced).

Individuals who are terminally ill before reaching state pension age, who qualify for ADP, automatically get the enhanced rate of the daily living and mobility components (ADP regs, reg. 26(1)).

Notification of changes in circumstances

The individual must tell Social Security Scotland of any change in circumstances that can affect the level of assistance that an individual is paid. This can include changes in:

• diagnosis (including if the individual is no longer considered to be terminally ill)
• other entitlement criteria such as residence (ADP regs, reg. 15)