Special Rules Requirements

The person who is terminally ill does not need to:

• have a consultation with Social Security Scotland (SS (S) A 2018, Schedule 5, paragraph 10)
• have been living in the UK for a set period of time (PADP regs, reg. 9(6))
• have the medical condition for a specific period of time before they apply (SS (S) A 2018, Schedule 5, para. 9 and PADP regs, reg. 18(2))
• have the medical condition for a minimum period of time before eligibility can begin (SS (S) A 2018, Schedule 5, para. 9 and PADP regs, reg. 18(2))

The backwards test does not apply to individuals who are terminally ill.