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Date of Award
An individual who is terminally ill becomes entitled to assistance from whichever of these dates is earliest (Scottish Adult DLA regs, reg. 20(5)):
- the date a RMP or RN makes a clinical judgement that the individual meets the terminal illness definition
- the date Social Security Scotland becomes aware that a current client is terminally ill either by them notifying through a change of circumstances or otherwise (the “applicable date”). The clinical judgement is the date captured on the BASRiS form. If the clinical judgement is taken verbally and a BASRiS form is later sent to Social Security Scotland then the relevant date is that of the verbal clinical judgement.
Where the date of the clinical judgement is earlier than the date the change of circumstances notification is received, but also within 26 weeks of this, or the date the Scottish Ministers become aware that a Scottish Adult DLA recipient is terminally ill, (Scottish Adult DLA regs, reg. 20(6)) the award will commence from the date of the clinical judgement.
The date of award can be no earlier than 21 March 2025, which is the date the Scottish Adult DLA Regulations commenced.
Example: clinical judgement is dated earlier than the date the client informed Social Security Scotland about their terminal illness
On 30 August, Dylan informed Social Security Scotland that he had been diagnosed with a terminal illness. A BASRiS form then arrived with a clinical judgement date of 29 March, a date 22 weeks earlier than Dylan’s reported change of circumstances date . The date the award starts is 29 March because the clinical judgement date is within 26 weeks of the change of circumstances date (Scottish Adult DLA regs, reg. 20(6)).
Many BASRiS forms will be submitted directly to Social Security Scotland by the RMP or RN. However, there may be situations when an individual or their third party has been given the BASRiS form by their clinician and then either fails to submit the BASRiS or delays in submitting it to Social Security Scotland. Or an individual may have received a diagnosis of terminal illness from their RMP/RN but not a BASRiS form.
If the clinical judgement date is more than 26 weeks earlier than either the date a change of circumstances is reported or the date that Social Security Scotland become aware that a Scottish Adult DLA client is terminally ill, then a practitioner must contact the individual’s RMP or RN.
The RMP or RN who provided a clinical judgement and/or completed the BASRiS form must confirm the individual’s terminal illness diagnosis is still accurate. This confirmation can be verbal (Scottish Adult DLA regs, reg. 20(7)).
If the terminal illness diagnosis is confirmed by the RMP/RN, the date the award will commence is backdated to a maximum of 26 weeks before the date a change of circumstances was reported (or 26 weeks before the date the Scottish Ministers become aware that a Scottish Adult DLA recipient is terminally ill.) as long as Scottish Adult DLA Regulations have commenced (Scottish Adult DLA regs, reg. 20(7)).
Example: confirming a BASRiS is still accurate
Eve’s RMP gives her a completed BASRiS form dated 7 May. Eve is too distressed at the time to notify Social Security Scotland of her terminal diagnosis.
On 20 December Eve contacts Social Security Scotland to tell them about her terminal illness and then submits the BASRiS form dated 7 May. A practitioner in Social Security Scotland contacts Eve’s RMP/RN to confirm the terminal diagnosis is still accurate since the BASRiS is dated more than 26 weeks earlier than change of circumstances date.
The RMP/RN confirms the terminal diagnosis is still accurate. The award can be calculated from 26 weeks prior to 20 December because Scottish Adult DLA Regulations had commenced. An appropriate back payment is made.
Example: backdated payments required where uprating has also occurred
Social Security Scotland receives notification from a client about their terminal illness diagnosis on 23 September. The client submits a BASRiS form that is dated (clinical judgement) 30 weeks earlier.
After confirming the individual’s terminal illness diagnosis is still accurate with the RMP/RN, Social Security Scotland will make payments from 26 weeks before the date the client reported their change of circumstances.
The higher rates for Scottish Adult DLA were uprated on the first Monday after 6 April. Payments for the weeks prior to the uprating date will be calculated using the rates prior to the uprating. Payment for the weeks after the uprating date will be calculated at the uprated rates.
If an SR1 form or DS1500 form is received as an alternative to the BASRiS or clinical judgement, the date of diagnosis on the form is regarded as the date of the clinical judgement and therefore confirmation of the date that the person meets the Scottish terminal illness definition.
Entitlement to disability assistance cannot precede the date the relevant legislation came into effect. Social Security Scotland can accept an SR1, DS1500 or BASRiS with a clinical judgement date that precedes the date Scottish Adult DLA launched. However, the award cannot commence until the date the Scottish Adult DLA regulations came into force.