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Date of Award
An individual who is eligible and terminally ill becomes entitled to assistance from whichever of these dates is earliest (PADP regs, reg. 18(3)):
- the date Social Security Scotland receives their application (which included information about the individual’s terminal illness)
- the date a RMP or RN makes a clinical judgement that the individual meets the terminal illness definition
- the date Social Security Scotland becomes aware that a current client is terminally ill either by them notifying through a change of circumstances or otherwise. The clinical judgement date is captured on the BASRiS form. The clinical judgement date may be earlier than the date the BASRiS form is signed. If the clinical judgement is taken verbally and a BASRiS form is later sent to Social Security Scotland then the relevant date is that of the verbal clinical judgement.
Where the date of the clinical judgement is earlier than the date the application is received, but also within 26 weeks of the date of application, or the date the Scottish Ministers become aware that a PADP recipient is terminally ill, (PADP regs, reg. 18(3)(b)), the award will commence from the date of the clinical judgement, (PADP regs, reg. 18(4)), providing the client is of State Pension age on this date and providing they meet the residence and presence rules on this date. The eligibility rules apply throughout any period of backdating. The past presence test in the common travel area condition does not apply to people who are terminally ill.
The age rule for disability assistance applies throughout any period of backdating. Therefore, backdated payments for PADP cannot include periods of time when the individual was younger than State Pension age. Where an individual reaches State Pension age and applies for PADP but has a clinical judgement date which precedes the date they reached State Pension age, payments can be backdated (up to a maximum of 26 weeks) to no earlier than State Pension age.
The date of award can be no earlier than 21 October 2024 which is the date the PADP Regulations commenced. (Please note, PADP underwent a phased launch and was made available in an increasing number of local authority areas until national launch on 22 April 2025.) If the person applies when PADP goes live in their local authority area, and the BASRiS is dated earlier than the date their application is received (and also earlier than the date PADP launched in their local authority area), we can still backdate to the date of the clinical judgement as long as this date is not before 21 October 2024, provided it is within 26 weeks of the date the application was received and provided the person had reached State Pension age on the date of clinical judgement.
Example: clinical judgement is dated after State Pension age and earlier than date application is received
Dylan reached State Pension age on 7 May 2025. A BASRiS form arrives for him on 9 September 2025. It was dated 30 August 2025 which is the date of the clinical judgement. A PADP application form then arrives on 15 September 2025. The date the award starts is 30 August 2025, because the clinical judgement date precedes the date the application is received and Dylan had already reached State Pension age when he was given a clinical judgement of terminal illness (PADP regs, reg. 18 (3)).
Example: clinical judgement is dated prior to State Pension age and earlier than date application is received
A BASRiS form arrives for Claudia with a clinical judgement date of 14 June 2025. A PADP application form then arrives on 20 June 2025. Claudia reached State Pension age on 18 June 2025. The date the award starts is 18 June 2025 because this is the date Claudia reached State Pension age. Claudia’s PADP award cannot start on her clinical judgement date because she had not yet reached State Pension age on that date.
Example: clinical judgement is dated earlier than Pension Age Disability Payment going live in the individual’s Local Authority pilot area
Charlotte is 79, lives in the Dundee City Council area and applied for Pension Age Disability Payment through the special rules route the day the pilot went live in her area on 24 March 2025. Social Security Scotland receive a BASRiS dated 20 January 2025 which is earlier than the application date. On 20 January 2025, the first PADP pilot was live in a different local authority to Charlotte’s.
The date Charlotte’s award starts is 20 January 2025 since this clinical judgement date precedes the application date of 24 March 2025, even though Charlotte resides in a different local authority. Providing the individual has reached State Pension age on the date of the clinical judgement, the award can be backdated to this date when this is not more than 26 weeks before the date of the application and is also on or after the date the PADP Regulations commenced on 21 October 2024 (PADP regs, reg. 18 (4)(a)(b)).
Many BASRiS forms will be submitted directly to Social Security Scotland by the RMP or RN. However, there may be situations when an individual or their third party has been given the BASRiS form by their clinician and then either fails to submit the BASRiS or delays in submitting it to Social Security Scotland. Or an individual may have received a diagnosis of terminal illness from their RMP/RN but not a BASRiS form.
If the clinical judgement date is more than 26 weeks earlier than either the date the application is received, or the date that Social Security Scotland become aware that a PADP applicant is terminally ill, (PADP regs, reg. 18 (5)(a)(b)), then a practitioner must contact the individual’s RMP or RN.
The RMP or RN who provided a clinical judgement and/or completed the BASRiS form must confirm the individual’s terminal illness diagnosis is still accurate. This confirmation can be verbal.
If the terminal illness diagnosis is confirmed by the RMP/RN, the date the award will commence is backdated to a maximum of 26 weeks before the date of application (PADP regs, reg. 18(4)(a)) (or 26 weeks before the date the Scottish Ministers become aware that a PADP recipient is terminally ill. (PADP regs, reg. 18(5)(c)) as long as PADP Regulations have commenced and as long as the individual had already reached State Pension age for any period of backdating .
Example: backdated payments required to meet correct start date
Eve is 71, and her RMP completes a BASRiS form dated 7 May for her and gives it to Eve’s daughter. Eve’s daughter is too distressed at the time to apply for assistance on her mother’s behalf.
On 20 December Eve’s daughter decides to apply on Eve’s behalf (with her consent) and also submits the BASRiS form dated 7 May. A practitioner in Social Security Scotland contacts Eve’s RMP/RN to confirm the terminal diagnosis is still accurate since the BASRiS is dated more than 26 weeks earlier than the application.
The RMP/RN confirms the terminal diagnosis is still accurate. The award can be calculated from 26 weeks prior to 20 December because PADP Regulations had commenced and Eve had already reached State Pension age prior to the backdating period. An appropriate back payment is made.
Example: backdated payments required where uprating has also occurred
Social Security Scotland receives an application on 23 September accompanied by a BASRiS form that is dated 30 weeks earlier.
After confirming the individual’s terminal illness diagnosis is still accurate with the RMP/RN, Social Security Scotland will make payments from 26 weeks before the date the application was received, providing the individual had already reached State Pension age prior to the backdating period. Payments can be backdated to no earlier than State Pension age.
The higher rate for PADP was uprated on the first Monday after 6 April. Payments for the weeks prior to the uprating date will be calculated using the rate prior to the uprating. Payment for the weeks after the uprating date will be calculated at the uprated rate.
If an SR1 form or DS1500 form is received as an alternative to the BASRiS or clinical judgement, the date of diagnosis on the form is regarded as the date of the clinical judgement and therefore confirmation of the date that the person meets the Scottish terminal illness definition.
Entitlement to disability assistance cannot precede the date the relevant legislation came into effect. Social Security Scotland can accept an SR1/ BASRiS with a clinical judgement date that precedes the date PADP went live. However, the award cannot commence until the date the PADP regulations are live somewhere in Scotland.