Eligibility

The individual for whom an application for assistance is being made must meet the standard eligibility requirements at the time of application and throughout any period of backdating:

• meet the age criteria – the individual must have reached State Pension age
• meet certain residence and presence criteria. The past presence test in the common travel area condition does not apply to people who are terminally ill (PADP regs, reg. 9(6))
• have a right to public funds. For example someone seeking asylum to the UK who has not yet been granted asylum does not have a right to public funds.

To be eligible under the special rules for terminal illness the person for whom an application for disability assistance is being made must be diagnosed as terminally ill. A terminal illness diagnosis – known as the clinical judgement – must be made by a registered medical practitioner (RMP) or registered nurse (RN) (PADP regs, reg 18(9))

The 26 week qualifying period does not apply to a person determined to be terminally ill under the Special Rules for Terminal Illness (SRTI) (PADP regs, reg 5(7)).

Social Security Scotland directs individuals resident in other parts of Great Britain to the Department for Work and Pensions, and individuals resident in Northern Ireland to the Department of Communities. Where a client is moving between Scotland and the rest of the UK refer to the chapter below.

SRTI applications for PADP can be made by either:

• the individual
• any third party including a friend, family member or representative from an organisation as long as they have the individual’s consent to complete the application on their behalf.
• the individual’s Power of Attorney, Guardian or Social Security Scotland appointee who formally acts on their behalf.