Differences between Scottish Adult DLA and DLA eligibility criteria

Special Rules for Terminal Illness

For an individual to be entitled to DLA under the DWP’s special rules for end of life, the individual must have a progressive disease where death as a consequence of that disease can reasonably be expected within 12 months.

For an individual to be entitled to Scottish Adult DLA under the special rules for terminal illness, the individual must have “a progressive disease that can reasonably be expected to cause the individual’s death”: there is no requirement that death must be expected to occur within 12 months. This means that if an individual is receiving DLA under the DWP’s special rules for end of life, and they move to Scotland, they will always satisfy the special rules for terminal illness for Scottish Adult DLA (Social Security (Scotland) Act 2018, Schedule 5, para 1).

If an individual has been awarded DLA under special rules for terminal illness, they automatically receive the highest rate of the care component and, except where restrictions relating to the ‘relevant age’ apply, the higher rate of the mobility component of Scottish Adult DLA.

Under the special rules for terminal illness for Scottish Adult DLA, an appropriate healthcare professional both:

• certifies that the individual has a terminal illness; and
• notifies Social Security Scotland of the diagnosis.

An individual may inform Social Security Scotland that they have a terminal illness and Social Security Scotland contacts the appropriate healthcare professional to certify that the individual has a terminal illness.

The chapter on Special Rules for Terminal Illness gives more information.