Special Rules for Terminal Illness (SRTI)

This chapter explains how to make decisions regarding individuals who are terminally ill. The rules set out below are known as special rules for terminal illness (SRTI).

This chapter relates to individuals in receipt of Scottish Adult Disability Living Allowance (Scottish Adult DLA).

The SRTI rules apply to individuals who meet the legal definition of terminal illness in the Social Security (Scotland) Act 2018.

A person is considered to be terminally ill if "the individual has a progressive disease that can reasonably be expected to cause the individual's death" (SS (S) Act 2018, Schedule 5, para 1(2))

Individuals are diagnosed by a registered medical practitioner (RMP) or a registered nurse (RN) (Scottish Adult DLA Regs, Reg 20(11)(a)(b)). A RMP is a doctor who has current registration and a licence to practise with the General Medical Council. A RN is a nurse who has current registration and a licence to practise with the Nursing and Midwifery Council. The decision of whether the individual meets the terminal illness definition can only be determined by a RMP or a RN.

The RMP or RN must be involved in the diagnosis and/or care of the individual and must be acting in their professional capacity.

Where the person who is terminally ill resides in the EEA, Switzerland or Gilbraltar, the RMP or RN has to be registered with a licence to practise with the professional body equivalent to the General Medical Council or the Nursing and Midwifery Council in that country.

If an individual has a progressive disease but is not terminally ill, the special rules for terminal illness do not apply.

The RMP or RN is legally required to follow the Chief Medical Officer (CMO) guidance (SS (S) Act 2018, Schedule 5, para 1(2)(3)) which supports RMPs and RNs in reaching their clinical judgement of terminal illness.

Where the person who is terminally ill resides in the EEA, Switzerland or Gibraltar, the registered RMP or RN with a licence to practise need not have regard to such guidance if it would not be reasonable to insist that they do so in making their clinical judgement (Scottish Adult DLA regs, reg. 20(10)).

A Benefits Assessment under Special Rules in Scotland (BASRiS) form should be completed for a terminally ill adult who is entitled to Scottish Adult DLA under the Special Rules for Terminal Illness in Scotland. Social Security Scotland will also accept an SR1 form or DS1500 form.

A BASRiS form can only be completed by a registered medical practitioner (RMP) or registered nurse (RN) with a licence to practise.

The BASRiS form replaces the SR1/DS1500 for Scotland’s new forms of Disability Assistance.

Individuals who are eligible under the Special Rules will have a different case transfer journey to those who are eligible under the main benefit rules for Scottish Adult DLA. Please see the Case Transfer chapter for more information.