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The Guidance - which was the focus of the consultation discussed in this report - is concerned with establishing whether a person has terminal illness for the purposes of determining eligibility for disability assistance on the basis of special rules. They were supported by a Stakeholder Reference Group ( SHRG), who provided the perspective of users and their carers during the development of the Guidance.
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A Short-Life Working Group on Terminal Illness for Disability Assistance was established, responsible for developing the CMO's Guidance for registered medical professionals to make clinical judgements about 'terminal illness'. To support clinicians' critical decision making, the CMO, in consultation with Registered Medical Practitioners, set the framework in guidance. This may also enable the person's carer to access Carer's Allowance quicker, as this is a 'passported' benefit, dependent on the person receiving one of the disability benefits. individuals who qualify under special rules will be automatically entitled to the highest rate of the component part(s) (care and mobility) of whichever benefit they are entitled to.awards will be calculated, at the latest, from the date of application by the patient and.once verification has been given that the person is considered to have a terminal illness, for the purpose of entitlement to Disability Assistance, there is no requirement for an individual to undergo any further assessment to establish that a person has a terminal illness.An individual is not required to have the condition for any length of time before they are eligible under special rules If diagnosed as terminally ill under the new Scottish definition, an individual becomes eligible for special rules, and their application for Disability Assistance will be processed differently by Social Security Scotland. This differs from the current UK DWP Social Security legislation where a person is deemed terminally ill if they suffer from "a progressive disease and their death as a consequence of that disease can be reasonably expected within 6 months". "An individual is to be regarded as having a terminal illness for the purpose of determining entitlement to disability assistance if, having had regard to the Chief Medical Officer's ( CMO) Guidance, it is the clinical judgement of a Registered Medical Practitioner that the individual has a progressive disease that can reasonably be expected to cause the individual's death." Therefore, when making Disability Assistance Regulations under the Act, the definition is: The Scottish Government included provision in the Social Security (Scotland) Act 2018 to introduce a new definition of terminal illness that differs from the current UK Government definition.