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Incomplete applications
Where a one-part PADP SRTI application form is received without a clinical judgement, Social Security Scotland will need to make contact with the named RMP/RN to acquire the clinical judgement as confirmation that it is a special rules application. Together, the SRTI application form and clinical judgement constitute an application. Equally part 1 only of the ‘normal rules’ PADP application form and a clinical judgement constitute an application.
Where a ‘lone’ BASRiS (or clinical judgement) is received without a PADP SRTI application form, Social Security Scotland will need to make contact with the individual or the person acting on their behalf so an SRTI application can be made if desired. A Part 1 only of a normal rules application would be sufficient and would be less burdensome for the client. An SRTI application can be either:
- Normal rules Part 1 application plus BASRiS (or equivalent supporting information) – no Part 2 would be required
- Normal rules Part 1 and Part 2 application plus BASRiS (or equivalent supporting information)
- SRTI application form plus BASRiS (or equivalent supporting information)
Where harmful information is being withheld, Social Security Scotland will contact the representative named on the BASRiS, if such details have been provided, so they can complete an SRTI application on behalf of the individual.
However, not all clients have or need a legal representative. Where there are no contact details for a legal representative, this does not mean a BASRiS is incomplete. Even where there are no details of a legal representative, the lone BASRiS can still be processed.
There is operational guidance available which explains how to process applications in instances where a harmful indicator is showing and a client, their guardian or legal representative is unaware of the terminal illness diagnosis. This same guidance is appropriate for both a lone BASRiS with no details of a legal representative and for an SR1 (DWP) form which does not capture such details. The guidance explains how to decide which letter should be sent.
When communicating with the client, their guardian or legal representative, care should be taken to ensure harmful information is not disclosed.
Example: normal rules Part 1 only plus BASRiS (or equivalent)
Gordon submits a normal rules Part 1 application on 30 October. He didn’t send in a Part 2 but instead, on 8 December, submitted both an SRTI application and a BASRiS form. The date of clinical judgement on the BASRiS is 1 December – a later date than the Part 1 application. The Case Manager contacts Gordon who believes he was terminally ill at the time of his Part 1 application. Gordon was unable to complete a Part 2 due to very poor health and later realised he could have applied in October using the SRTI application form instead of the normal rules form. The BASRiS clinical judgement date is investigated by a Practitioner: Gordon’s GP provides a verbal BASRiS which confirms Gordon was terminally ill when he submitted his Part 1 application on 30 October. Together, a Part 1 and BASRiS (or equivalent) constitute an application. Gordon needn’t have submitted the SRTI application in addition to the BASRiS. The verbal BASRiS provides the required supporting information and terminal illness confirmation so a Part 2 is not required. Using the Part 1 and the verbal BASRiS, the application is processed under the special rules.
Example: an SRTI application for PADP without an accompanying clinical judgement
An individual submits an SRTI application for PADP because they have a progressive disease. There is no accompanying clinical judgement.
A Social Security Scotland practitioner contacts the healthcare professional identified on the individual’s application form to enquire if they meet the terminal illness definition. The practitioner must ensure they are contacting a RMP or a RN.
If the RMP or RN determines that the individual meets the terminal illness definition they can confirm this on the phone. The RMP or RN should then complete the BASRiS form and send this to Social Security Scotland within 28 days to be able to claim a fee. Following verbal confirmation, the case manager can process the special rules application for PADP without waiting for the BASRiS to be submitted.
If the RMP or RN determines that the individual does not meet the terminal illness definition, the individual will be told that they have not met the criteria for an award under SRTI. They will be asked if they wish to be considered for a PADP award under normal rules. If so, further information will be requested from the individual.