Change of Circumstances
The individual must notify Social Security Scotland of any change in circumstances that could possibly result in a change in the level of the individual’s entitlement or appropriate value of payment. This includes but is not limited to:
- if the individual is living in alternative accommodation
- a change of health condition or care needs
- a change in diagnosis meaning the individual is no longer considered to be terminally ill.
If an individual is terminally ill, changes to the appropriate value of payment where the individual is in alternative accommodation follow the standard Pension Age Disability Payment rules for alternative accommodation.
Payment continues after 28 days when the individual is in a hospice, is terminally ill and Social Security Scotland have been informed that the individual is terminally ill (PADP regs, reg. 21(1)).
A hospice is a palliative care institution that isn’t publicly funded and whose main function is to provide palliative care for people suffering from a progressive disease in the final stages (PADP regs, reg. 21(2)).
A hospice is a separate organisation to a hospital.
If, however, an individual is receiving palliative care within a specialised ward or facility in a hospital or care home, the individual is considered to be in a publicly funded hospital or care home. Their award will be £0 rated on the 29th day.
Changes when an individual already entitled to PADP becomes terminally ill
If an individual already in receipt of PADP becomes terminally ill, a case manager should make a determination without application setting out the individual’s new level of entitlement.
This could happen in two ways:
- the individual informs Social Security Scotland that they have become terminally ill.
- a clinical judgement is received by Social Security Scotland for an individual currently in receipt of PADP.
On receipt of a clinical judgement, the individual’s award becomes subject to the special rules for terminal illness. Social Security Scotland will make a determination without application so that the individual receives the higher rate of award. There is no review date.
The new level of entitlement begins no earlier than 21 October 2024 which is the date the PADP Regulations commenced and from the earlier of:
- the date that the RMP/RN made the clinical judgement that the individual met the terminal illness definition, providing they had reached State Pension age. The clinical judgement may be provided on the phone, via a letter or on the BASRiS form.
- the date Social Security Scotland were notified by the individual about their terminal illness (PADP regs, reg. 18(3)(b) or (c)).
Changes in award due to new information received
Social Security Scotland can make a determination without application if it becomes aware of a change of circumstances which would possibly result in an alteration to the rate of PADP payable, or cause entitlement to PADP to end.
This can affect one or more of the following:
- whether payment of assistance can continue
- the rate at which the individual receives assistance.
Case managers might need to ask for further information to make the decision.
Examples of relevant changes in circumstances include:
- a change in prognosis
- admission to publicly funded residential care, hospital or to legal detention
- change to immigration status
- official error
- moving from Scotland to another part of the UK.
For example, a terminally ill individual admitted to a publicly funded care home or hospital (not a hospice) would:
- if entitled, still be paid PADP for the first 28 days only.
- stop being paid PADP on the 29th day of their stay in a publicly funded care home or hospital (not including a hospice).
A terminally ill individual admitted to a hospice, as defined above, will continue to receive PADP payments after 28 days.
A terminally ill individual paying for their own care will continue to receive PADP payments after 28 days.
Where an individual reports that they are no longer terminally ill due to a change in prognosis, a case manager makes a determination without application, setting out the individual’s new rate of entitlement by applying the normal rules.