If you're living with a terminal illness and claiming benefits, you might have heard of the special rules. The special rules vary between benefits, but might mean your claim could be easier to apply for, fast-tracked and even paid at a higher rate.
We've put together this guide on what the special rules are, who is eligible for them and how to apply for benefits under the special rules.
Which benefits do the special rules apply to?
These are the main benefits for people living with a terminal illness, that are covered by the special rules:
- Personal Independence Payment (PIP) – if you're aged 16 or over, under State Pension age (with some exceptions) and need help with daily living or getting around. You need to live in England, Wales or Northern Ireland to make a new claim.
- Adult Disability Payment – this is replacing PIP in Scotland. From 29 August 2022, you can apply if you're aged 16 or over, under State Pension age, have an illness or disability, and live in Scotland.
- Employment and Support Allowance (ESA) – if you're aged 16 or over, under State Pension age and your illness or disability makes it difficult or impossible to work.
- Attendance Allowance – if you're State Pension age or older and need help caring for yourself. Find out your State Pension age.
- Universal Credit – if you're aged 18 or over (with some exceptions), you (or your partner, if you have one) are under State Pension age, you have a low income and £16,000 or less in money, savings and investments.
- Disability Living Allowance (DLA) for children – for children with disabilities aged under 16 in England, Wales or Northern Ireland.
- Child Disability Payment – this is replacing DLA for children in Scotland. This benefit is for children with disabilities aged under 16 in Scotland. Visit mygov.scot for more information about Child Disability Payment.
In Scotland if you receive DLA for children or Child Disability Payment, you can continue to receive these until you are 18, as long as the claim was made before you were 16.
Am I eligible for the special rules?
The criteria for who can apply under the special rules vary depending on which benefit you are applying for.
You can apply under the special rules for the following benefits if you have a disease that gets worse over time and your healthcare professional thinks you might have less than 12 months to live:
- Employment and Support Allowance (ESA)
- Personal Independence Payment (PIP)
- Attendance Allowance
- Universal Credit
- Disability Living Allowance (DLA) for children.
You can apply for the following Scottish benefits if you have a disease that gets worse over time and is expected to cause your death. There is no set time frame for how long you might live for:
- Adult Disability Payment
- Child Disability Payment.
- Adult Disability Payment and Child Disability Payment are only available in Scotland.
Even if you are applying under the special rules, you must still qualify for the benefit. Each benefit has different eligibility criteria.
What if I do not know how long I'll live for?
It's often very difficult to predict how long someone might live for. If your doctor or nurse has not talked to you about how long you might live for, you can still ask them about supporting your claim under the special rules.
What if I live longer than 12 months?
If you live longer than 12 months following the claim, you can carry on claiming under the special rules. Awards for disability benefits under special rules are normally made for three years. They will be looked at again after this time if you live longer than originally expected.
There are no reviews if you've applied for Adult Disability Payment or Child Disability Payment under the special rules.
How can I claim benefits under the special rules?
- Check you're eligible for the benefit you're applying for.
- Complete your application, saying that you're claiming under the special rules for people with a terminal illness. You can find information about how to claim on the separate pages for Personal Independence Payment (PIP), Employment Support Allowance (ESA), Attendance Allowance, Universal Credit, Adult Disability Payment and Disability Living Allowance (DLA).
- Ask your healthcare professional to complete an SR1 medical report form or BASRiS form to confirm that you have a terminal illness. Check which form you'll need under Which special rules form do I need? below.
- Your healthcare professional should send the form to the relevant government department.
Can I claim benefits for someone else?
You may wish to claim benefits for someone else if they need help to apply, or do not want to know their illness is terminal. You can claim Personal Independence Payment (PIP), Attendance Allowance and Disability Living Allowance on behalf of someone else. This does not apply to Universal Credit or Employment and Support Allowance claims.
You should tell the person that you're making a claim and you'll need their personal details. You do not need to tell them you're making a claim under the special rules. The DWP will not mention the special rules or terminal illness in their communications.
For all benefits, you can also apply to become someone's appointee. Being an appointee lets you deal with the person's benefits if they are mentally incapable or severely disabled.
Which special rules form do I need?
If you're claiming under the special rules, you need to send an extra form to the relevant government department when you make your claim. These forms provide information about your condition and treatment, and are used as supporting medical evidence so you can claim benefits under the special rules. The form is filled in by your healthcare professional.
Which form you need depends on which benefit you're applying for.
The SR1 medical report form is used for:
- Personal Independence Payment
- Attendance Allowance
- Disability Living Allowance (DLA) for children
- Universal Credit
- Employment and Support Allowance.
The BASRiS (Benefits Assessment under Special Rules in Scotland) form is used for:
- Adult Disability Payment (Scotland only)
- Child Disability Payment (Scotland only).
Click on the links below to each form to find out things like where to get them, and where to send completed forms.
Where can I get more help with special rules?
The benefits system and finding out what you can claim can be confusing, so it's important you have the right information and advice. Here are some organisations that can provide further support:
- Marie Curie Support Line on 0800 090 2309 provides general information about benefits and finances.
- Citizens Advice has trained advisers you can speak to and provides information on your rights, including benefits, housing, employment, debt, consumer and legal issues. Search the site for your nearest bureau in England, Wales, Scotland and Northern Ireland.
- Turn2us has a search function to find benefits advisers in your area, and provides people with financial support and information on benefits and grants.
- Advice NI is the independent advice network for Northern Ireland and provides expert advice on benefits and other welfare rights matters through its Freephone helpline. You can find contact details of local advice services in your area.
- Macmillan Cancer Support has welfare rights advisers you can speak to, and provides practical, medical and financial support for people affected by cancer.
Here at Marie Curie we cannot provide information about your specific benefit claim. For all queries about claims, you'll need to contact the relevant government department. Contact details can be found on each individual benefits page.