Special Rules for Terminal Illness
A person who meets the special rules for terminal illness at the point of case transfer is entitled to the higher rate of PADP (PADP regs, Sch 1, Part 3, Para 11(1))
Special Rules in the rest of the UK have a more restrictive definition than in Scotland. Therefore, someone may meet the SRTI rules for PADP who has not met the special rules for Attendance Allowance.
Example: PADP entitlement higher than Attendance Allowance entitlement at point of transfer
Maggie, who is 70 years old, receives the lower rate of Attendance Allowance. Maggie is diagnosed with a terminal illness. After Maggie’s carer received her initial case transfer notification, she contacted DWP and sent the relevant supporting information.
DWP could not award higher rate Attendance Allowance as Maggie’s situation did not meet the special rules in the rest of the UK. DWP carried out an expedited transfer of Maggie’s case to Social Security Scotland so that a determination could be made about whether Maggie’s situation meets the special rules in Scotland. As Maggie does meet the special rules in Scotland, her PADP award is paid at the higher rate. For information on when entitlement to the higher rate should start, see backdating section.