§ Mr. HinchliffeTo ask the Secretary of State for Social Security what advice he has issued to doctors, required to identify persons under special rules payments, who have not advised their patients of a terminal condition, or duration of a terminal condition.
§ Mr. ScottThe administration of special rules payments is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library.
Letter from M. Bichard to Mr. David Hinchliffe, dated 27 October 1992:
As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security about advice given to doctors in connection with claims made under the special rules procedures.As you know, the term "Special Rules" refers to the arrangements under which persons who are terminally ill can claim Disability Living Allowance (DLA) and Attendance Allowance (AA). The procedures ensure that people with a limited life expectancy of six months or less are automatically awarded the highest rate of the care component of DLA or the higher rate of AA.A claim for payment under the special rules procedures may be made by the sick or disabled person or by a third party on their behalf. The claim form requires the person applying for the benefit to indicate that the claim is being made under Special Rules procedures and to ask their local doctor to complete a form DS1500, which provides factual medical evidence in order to streamline the process and avoid delays in payment.755WDoctors were advised of these arrangements when they were introduced. The DS1500 report is brief and easy to complete asking only three questions, it does not mention terminal illness nor does it ask for an opinion on prognosis. No specific advice is given to the doctor about what he should tell his patients about their illnesses. This must be a matter for his own judgment.It is appreciated that this is an area which causes considerable distress to patients when they realise that Special Rules apply to people with a limited life expectancy. It is also difficult and distressing for the relatives and the doctor involved. The Benefits Agency in consultation with the Department has accordingly tried to make the claims process as easy and as sensitive as possible within the necessary legal constraints.756WIn order for Special Rules cases to be recognised at the outset and therefore processed quickly it is essential that the claim form identifies that the claim is made under these Rules and is accompanied by a DS1500 from the doctor treating the terminally ill person. If the claim has not come in as a Special Rules claim, or in some cases, a Special Rules claim is not accompanied by a form DS 1500, it is necessary to contact the doctor concerned to obtain confirmation as to whether or not the patient is terminally ill and whether they are claiming under Special Rules.I can assure you that the aim of both medical and lay staff is to deal with these cases in a caring and prompt manner.I hope you find this reply helpful. A copy of the reply will appear in the Official Report. Copies are also being placed in the Library.