Social Security (Scotland) Act 2018 (asp 9)

SCHEDULE 5 DISABILITY ASSISTANCE REGULATIONS

PART 1 ELIGIBILITY

CHAPTER 3 SPECIAL RULES FOR TERMINAL ILLNESS CASES

No minimum period

9 The regulations may not make the eligibility of an individual who has a terminal illness depend on the individual having had the illness for any length of time.

No requirement for assessment

10 The regulations may not make the eligibility of an individual who has a terminal illness depend on the individual producing any evidence of that fact beyond a diagnosis by a registered medical practitioner.

Eligibility from date of application

11 The regulations must be framed so that an individual who applies for disability assistance on the basis of having a terminal illness, and does have a terminal illness, is eligible, at the latest, from the day the application is made.

Entitlement to maximum amount

12 The regulations must be framed so that an individual who is eligible by reason of having a terminal illness is entitled to the maximum amount of the assistance that the individual is eligible for.