Special Rules for Terminal Illness

An individual who meets the special rules for terminal illness immediately before the date of transfer is entitled to the highest rates of both the care and mobility components of Scottish Adult Disability Living Allowance (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 9(1)).

However, where such an individual has reached the relevant age, meaning:

• state pension age (within the meaning given by the rules in paragraph 1 of schedule 4 to the Pensions Act 1995) , or
• 65, if their state pension age was lower than 65

when they became terminally ill, they may only be entitled to the same rate of the mobility component they received in Disability Living Allowance, and cannot be awarded the mobility component for the first time. An award of the mobility component can only be made to someone over the relevant age if the entitlement arises from substantially the same condition or conditions in respect of which their mobility component on Disability Living Allowance was given. (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 9(2)&(3)).

Special Rules for Terminal Illness backdating

In cases where the individual’s Scottish Adult Disability Living Allowance award is higher due to Special Rules for Terminal Illness, their Scottish Adult Disability Living Allowance entitlement will be backdated to whichever is the later of (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 9(4)(b)):

• the point the Scottish Adult Disability Living Allowance regulations took effect, 21 March 2025;
• when they met the SRTI conditions (i.e. the date of the clinical judgment set out in the BASRiS / DS1500); or
• the day one year before their transfer determination.

The amount of Scottish Adult Disability Living Allowance they receive for this period should be reduced by the value of the Disability Living Allowance the client was paid for that same period (Scottish Adult DLA Regs, Reg 40(4).

Severe Visual Impairment Test

Where someone reports they had a Severe Visual Impairment immediately before case transfer to Scottish Adult DLA completed and they were not getting the higher rate of the mobility component of DLA, their Scottish Adult DLA transfer determination will initially be made for the same components and the same rates as the DLA award they were receiving immediately before case transfer (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(5)).

Once the Scottish Adult DLA award has begun, a case manager will consider supporting information provided by the individual about their visual impairment and make a review determination of their entitlement to Scottish Adult DLA, based on the Scottish Adult DLA Severe Visual Impairment test (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 10(1)(a)(ii)).

Severe Visual Impairment Test – Over the Relevant Age

Where someone is over the relevant age, they typically cannot have the mobility component of their award increased or awarded for the first time . However, where someone met the Scottish Adult DLA Severe Visual Impairment test before they reached the relevant age, even if they are now over the relevant age, they can have the mobility component of their award increased or awarded for the first time (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 10(10)). This will only apply if they have supporting information that demonstrates they met the eligibility criteria for the higher rate of the mobility component of Scottish Adult DLA before they reached the relevant age.

Severe Visual Impairment Test Backdating

In cases where the individual’s Scottish Adult DLA award is higher due to the Severe Visual Impairment test, their Scottish Adult Disability Living Allowance entitlement will be backdated to whichever is the later of (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 10(4)(b), (c)):

• the point the Scottish Adult Disability Living Allowance regulations took effect, 21 March 2025;
• when they first satisfied the eligibility conditions for the increased award; or
• the day one year before the review determination is made.