Special Rules for Terminal Illness

.An individual who meets the special rules for terminal illness (SRTI) immediately before the interim Adult Disability Payment determination is entitled to the enhanced rate of both the daily living component and the mobility component of Adult Disability Payment (ADP Regulations, Part 3A, schedule 2, reg 15E).

Note that the usual rules on limiting the mobility component for those who are over pension age do not apply to people who apply for Adult Disability Payment when they have an award of Scottish Adult Disability Living Allowance, provided they submit an application on or before 31 December 2027.

Individuals who meet the special rules for terminal illness when they apply for Adult Disability Payment can access the enhanced rate of the mobility component regardless of their age where the application is made on or before 31 December 2027.

Special Rules for Terminal Illness backdating

In cases where the individual’s Adult Disability Payment award is higher due to Special Rules for Terminal Illness, as described in paragraph 15, their Adult Disability Payment entitlement will be backdated to whichever is the later (ADP Regulations, Schedule 2, Part 3A, Para 15E(3)) of:

the date the application for Adult Disability Payment was made, where the application included information about the individual’s terminal illness

the date Social Security Scotland become aware of the individual’s terminal illness

the date that the clinical judgement was made that they are terminally ill (i.e. the date the BASRiS or the DWP equivalent DS1500 is signed)

Payment cycles

The payment frequency for individuals who have applied for Adult Disability Payment when in receipt of Scottish Adult Disability Living Allowance are (ADP Regulations, Schedule 2, Part 3A, Para 15C):

• where a client received their Scottish Adult Disability Living Allowance 4 weeks in arrears, they will continue to receive their Adult Disability Payment 4 weeks in arrears.
• where a client received their Scottish Adult Disability Living Allowance weekly in advance, they will continue to receive their Adult Disability Payment weekly in advance.
• a client who has newly reported, and meets the conditions for, the special rules for terminal illness (SRTI) will move from their previous payment frequency for Scottish Adult Disability Living Allowance and be paid Adult Disability Payment weekly in advance.