Social Security (Scotland) Act 2018

CHAPTER 3SSPECIAL RULES FOR TERMINAL ILLNESS CASES

No minimum periodS

9SThe 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.

Commencement Information

I1Sch. 5 para. 9 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)

No requirement for assessmentS

10SThe 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 [F1an appropriate healthcare professional (see paragraph 1(2C))].

Textual Amendments

Commencement Information

I2Sch. 5 para. 10 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)

Eligibility from date of applicationS

11SThe 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.

Commencement Information

I3Sch. 5 para. 11 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)

Entitlement to maximum amountS

12SThe 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.

Commencement Information

I4Sch. 5 para. 12 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)