Who can apply for disability benefits under Special Rules for Terminal Illness

Anyone in Scotland diagnosed with a terminal illness by their healthcare professional can apply for disability benefits under Special Rules for Terminal Illness.

Contact Social Security Scotland as soon as possible if you are newly diagnosed with a terminal illness and you're already receiving:

You can also apply if you have previously had an application for disability benefits under special rules for end of life rejected by the Department for Work and Pensions (DWP).

Contact DWP if you become terminally ill while you're still getting the following DWP benefits:

  • Personal Independence Payment (PIP)
  • Attendance Allowance
  • Disability Living Allowance (DLA)

When your benefit starts moving, it'll move to Social Security Scotland as quickly as possible. Find out more about the move from DWP to Social Security Scotland if you have a terminal illness.

Who can complete an application for disability benefits under Special Rules for Terminal Illness

Anyone can complete an application for disability benefits under Special Rules for Terminal Illness.

You may wish to do it yourself, but you can always ask someone to help you or to complete it on your behalf. For example, you can ask:

  • a friend or relative
  • a social worker
  • a representative from an advice or welfare rights organisation
  • someone with parental rights and responsibilities for a terminally ill child (for Child Disability Payment)

Someone applying for disability benefits on your behalf must:

  • let you know
  • have your consent

Once they submit an application on your behalf, they will not hear from Social Security Scotland again. You, your parent, guardian or legal representative will be the point of contact for all correspondence.

Third party representatives

A third party representative is a person or organisation that can help you with your application for disability benefits. This includes applications under Special Rules for Terminal Illness.

A third party representative can:

  • support you in making an application
  • ask how an application is going
  • make phone calls
  • receive copies of Social Security Scotland notifications
  • ask for an explanation of your entitlement and how it was decided
  • help with a redetermination or appeal

You must let Social Security Scotland know if you choose to have a third party representative act on your behalf. You can do this:

Send the form to:

Social Security Scotland
General Enquiries
PO Box 10301
Dundee
DD1 9FY

Appointees

An appointee is a person aged over 16 or an organisation who has been appointed to act on behalf of someone in relation to their Social Security Scotland awards.

A person receiving Child Disability Payment under Special Rules for Terminal Illness might need an appointee to legally act on their behalf if they’re not living with or being cared for by someone with parental rights and responsibilities.

An adult might need an appointee to legally act on their behalf if they cannot make or communicate decisions because of a mental or physical health condition. This may also apply if they're getting the following benefits under Special Rules for Terminal Illness:

  • Adult Disability Payment
  • Pension Age Disability Payment
  • Scottish Adult DLA

An appointee will be responsible for:

  • applying for all the person’s Social Security Scotland awards
  • answering mail, emails and phone calls about these awards
  • reporting relevant changes of circumstances
  • receiving the person’s payments and spending them on their wants and needs
  • repaying any overpayments
  • following any instructions or guidance issued by Social Security Scotland

An appointee can be nominated for all benefits:

  • by phone, on 0800 182 2222
  • in writing to:
    Social Security Scotland
    General Enquiries
    PO Box 10301
    Dundee
    DD1 9FY

Appointees can also be nominated as part of an application for:

  • Adult Disability Payment
  • Child Disability Payment
  • Pension Age Disability Payment

Applications to become an appointee online can currently only be made for Pension Age Disability Payment.

If someone has the legal right to act for you

If someone already has the legal right to act for you, they do not need to apply to become an appointee. They may have the legal right because they have:

  • power of attorney
  • a guardianship order
  • another court order allowing them to manage your benefits

Social Security Scotland will need to see proof of their legal rights and will ask for the original legal documents or certified copies.

Carer Support Payment applications under Special Rules for Terminal Illness

If a family member or friend cares for you, they may be able to apply for Carer Support Payment under Special Rules for Terminal Illness.

Find out more about Carer Support Payment.

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