Your circumstances | What to check | More information |
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If you or your child have a terminal illness and are not getting a disability benefit | Aged under 16 and living in England or Wales. Check entitlement to disability living allowance (DLA) under the 'special rules'. If a child counts as terminally ill for DLA, and you make a claim for DLA on that basis then the child: •automatically satisfies the 'disability conditions' for the highest rate of the care component of DLA; and •does not have to satisfy the normal three-month qualifying period in order to get either the care component or mobility component.
| Welfare Benefits and Tax Credits Handbook (for subscribers): GOV.UK:
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Aged under 16 and living in Scotland. Check entitlement to child disability payment (CDP) under the 'special rules'. If a child counts as terminally ill for CDP, and you make a claim for CDP on that basis then the child: •automatically satisfies the 'disability conditions' for the highest rate of the care component of CDP; and •automatically satisfies the 'disability conditions' for the higher rate of the mobility component of CDP (although the child must be at least three years old to qualify for the mobility component); and •does not have to satisfy the disability conditions for a period of 13 weeks in order to qualify for either component.
In some circumstances, the award of CDP can be backdated for up to 26 weeks. | Welfare Benefits and Tax Credits Handbook (for subscribers): CPAG in Scotland: |
Aged 16-65 and living in England or Wales. Check if you qualify for personal independence payment (PIP) under the 'special rules'. If you count as terminally ill for PIP, and you make a claim for PIP on that basis then you: •automatically qualify for the enhanced rate of the daily living component of PIP; and •do not have to satisfy the 'required period' condition in order to get either the daily living component or the mobility component.
| Welfare Benefits and Tax Credits Handbook (for subscribers): GOV.UK:
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Aged 16-65 and living in Scotland Check if you qualify for adult disability payment (ADP) under the 'special rules'. If you count as terminally ill for ADP and you make a claim for ADP on that basis you: •automatically satisfy the 'disability conditions' for the enhanced rate of the daily living component and the enhanced rate of the mobility component of ADP; and •do not have to satisfy the 'required period' condition in order to get the components.
In some circumstances the award of ADP can be backdated for up to 26 weeks. | Welfare Benefits and Tax Credits Handbook (for subscribers): CPAG in Scotland: |
Aged 66 and over (and not getting DLA, PIP or ADP). Check if you qualify for attendance allowance (AA) under the 'special rules'. If you count as terminally ill for AA and you make a claim for AA on that basis, you: •automatically satisfy the 'disability conditions' for the higher rate of AA; and •do not have to satisfy the normal six-month qualifying period.
Note that: in some circumstances, if you previously got DLA, PIP or ADP and your claim ended less than a year ago, you may be able to reclaim that benefit rather than claim AA. | Welfare Benefits and Tax Credits Handbook (for subscribers): GOV.UK:
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If you are already getting a disability benefit but it is not the maximum rate | Check if you qualify for a higher rate of disability benefit. For the rules relating to DLA, CDP, ADP or AA if you have a terminal illness, see the rows directly above this one. If you qualify for a higher rate of benefit on the basis that you are terminally ill, you must state this explicitly when you ask for your award to be reconsidered. | |
Aged under 18 (or in some cases under 19) living in Scotland and have been transferred from DLA to CDP. Children and young people in Scotland who were getting DLA have been transferred to CDP. If a child or young person counts as terminally ill, they will qualify for the highest rate of the care component and, if they are at least three years old, the higher rate of the mobility component of CDP. In some circumstances the award of CDP could be backdated for up to 26 weeks. If the rate of CDP awarded is higher than the DLA which was being paid, check whether the child or young person was entitled to backdating, and, if so, that the correct amount was paid for the backdated period. The CDP paid for the backdated period should be the difference between the two awards. Note that: the definition which determines whether the special rules apply for CDP is different from that for DLA. | Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you are living in Scotland and get PIP, notifying the DWP of a change in your circumstances, such as that you are terminally ill, is likely to trigger your transfer to ADP. If you count as terminally ill, you qualify for the enhanced rate of the daily living component and the enhanced rate of the mobility component of ADP. However, if you are aged 66 or over, your entitlement to the enhanced rate of the mobility component may be restricted, check the rules. In some circumstances the award of ADP can be backdated for up to one year. If the rate of ADP awarded for the backdated period is higher than the PIP which was paid for that period, the ADP paid will be the difference between the two awards. Note that: the definition which determines whether the special rules apply for ADP is different from that for DLA or PIP. | Welfare Benefits and Tax Credits Handbook (for subscribers): CPAG’s Welfare Rights Bulletin: |
If you are employed but not well enough to work | Check if you qualify for statutory sick pay (SSP). Note that: •SSP is treated as earnings for universal credit (UC), housing benefit, and pension credit, as 'employment income' for tax credits, and as 'other income' for other means-tested benefits. •If you are entitled to contractual sick pay from your employer, SSP usually forms part of your contractual sick pay.
| Welfare Benefits and Tax Credits Handbook (for subscribers):
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If you are working age and don’t qualify for SSP | If you are 16 or over and have not reached state pension age, check if you qualify for employment and support allowance (ESA). If you qualify, and you count as terminally ill for ESA, and you make a claim on that basis: •you are automatically treated as having limited capability for work and limited capability for work-related activity; and •the support component is included in your ESA straight away
Note that: Contributory ESA (including new-style ESA) is treated as income for means-tested benefits. | Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you are already getting ESA | If you count as terminally ill for ESA: •you are automatically treated as having limited capability for work and limited capability for work related activity; and •you qualify for the support component in your ESA.
If you are not getting the support component consider asking for a supersession or revision of your award. Request this expressly on the ground of being terminally ill. If you request a supersession on the basis your circumstances have changed as you are terminally ill, the supersession can take effect from the date you became terminally ill. Note that: Contributory ESA (including new-style ESA) is treated as income for means-tested benefits. | Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you are getting UC | If you count as terminally ill for UC: •you are automatically treated as having limited capability for work and limited capability for work-related activity; and •you qualify for the limited capability for work-related activity (LCWRA) element in your UC. You do not have to wait three months to qualify for it.
If you request a supersession on the basis your circumstances have changed as you are terminally ill, the supersession can take effect from the first day of the assessment period in which you became terminally ill. Note that: •If you also qualify for the carer element in your UC, the LCWRA is awarded in its place. If you are in a couple and your partner also qualifies for the LCWRA and/or carer element, both elements can be included. •If you get the transitional SDP element within your UC or you have transferred to UC under the managed migration process and you get a transitional element within your UC, your transitional SDP element or transitional element is likely to be eroded if you subsequently become entitled to a LCWRA element.
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In some circumstances, if you work and your earnings are equal to or above a certain threshold you are automatically treated as not having limited capability for work for UC. This should not apply if you count as terminally ill . However, your earnings may affect the amount of UC you get. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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If you and/or your partner work, an amount of your earnings can be ignored when calculating your UC. This is known as the ‘work allowance’. You can qualify for the work allowance if you count as terminally ill for UC, because you are treated as having limited capability for work. Check that the correct amount of your earnings is ignored. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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If you are affected by the benefit cap | In certain situations, the benefit cap should not apply to you. These include if you or your partner get: •UC which includes the limited capability for work-related activity element; •ESA which includes the support component; •a disability benefit or if a child for whom you or your partner are responsible gets a disability benefit.
If you, your partner or your child count as terminally ill, you are likely to be able to meet one of these conditions. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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