Paragraph 15E Special rules for terminal illness – exceptions to 15A(4)F1

(1)

Sub-paragraph (2) apples where the Scottish Ministers become aware before they have made an interim determination that the individual has a terminal illness in terms of regulation 26(7).

(2)

The interim determination must be made on the basis that the individual satisfies the conditions for the enhanced rate of the daily living component of Adult Disability Payment and—

(a)

if the individual became terminally ill before reaching the relevant age, that the individual satisfies the conditions for the enhanced rate for the mobility component of Adult Disability Payment,

(b)

if the individual had reached the relevant age when they became terminally ill and made the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027, that the individual satisfies the conditions for the enhanced rate for the mobility component of Adult Disability Payment,

(c)

if the individual had reached the relevant age when they became terminally ill and did not make the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027, that the individual satisfies the conditions for—

(i)

the standard rate of the mobility component of Adult Disability Payment if the individual was entitled to the lower rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment,

(ii)

the enhanced rate of the mobility component of Adult Disability Payment if the individual was entitled to the higher rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment, and

(iii)

no mobility component of Adult Disability Payment if the individual was not entitled to the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment.

(3)

Where sub-paragraph (1) applies—

(a)

paragraphs (4) to (6) of regulation 26 (entitlement under special rules for terminal illness) do not apply, and

(b)

the individual’s entitlement to Adult Disability Payment will commence on whichever is the later of—

(i)

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

(ii)

the date the Scottish Ministers become aware of the individual’s terminal illness (whether as a result of the individual notifying a change in circumstances or otherwise),

(iii)

the date that the clinical judgement was made in accordance with regulation 26(7).

Annotations

Textual amendments

F1: Sch. 2 Pt. 3A inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), reg. 1, sch. 2 para. 2(10)