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DS1500 forms
I note that the second reading of Madeline Moon’s bill (attempting to change the definition of terminal illness from 6 months or less prognosis to clinical judgement) has been postponed to 25th January.
Does anyone have any news about where things are at in Scotland?
we have done the primary legislation but it was very top level and had very limited detail as to what any of the disability benefits will actually look like.
my personal opinion is we will replicate the reserved system with the odd tweak but the process to start looking at the regs hasn’t even happened yet (to my knowledge anyway).
again personal opinion but im not entirely convinced that regulation change is what we need re terminal cases. the rules already give significant scope for DM’s to award entitlement by applying the law and using at times some common sense/decency.
if you don’t fix the application then changing the rules will always have a limited affect.
For us a change in the legislation to remove the time limit can only be positive and we will be very pleased if Ms Moon’s bill gets anywhere. You may be right about the decision makers giving a generous interpretation but we should not have to expect and depend on this.
It is the medical practitioners completing the DS1500 who should be given more leeway. They often feel that their professional judgement is in question when they complete a DS1500 and may be put off doing so if they want to play safe. They may agree the patient is terminally ill but the judgement as to when end of life is close is much more nuanced. Also treatment can often extend life for a few extra months - the judgement about whether it is time to fill in the DS1500 can be at odds with recommending the treatment. Things like this can mean that special rules are sometimes not even discussed with some claimants who could be entitled.
For us a change in the legislation to remove the time limit can only be positive and we will be very pleased if Ms Moon’s bill gets anywhere. You may be right about the decision makers giving a generous interpretation but we should not have to expect and depend on this.
It is the medical practitioners completing the DS1500 who should be given more leeway. They often feel that their professional judgement is in question when they complete a DS1500 and may be put off doing so if they want to play safe. They may agree the patient is terminally ill but the judgement as to when end of life is close is much more nuanced. Also treatment can often extend life for a few extra months - the judgement about whether it is time to fill in the DS1500 can be at odds with recommending the treatment. Things like this can mean that special rules are sometimes not even discussed with some claimants who could be entitled.
i meant more in terms of rather than becoming bogged down in the is this case a ds1500 or not (this can sometimes become a wood for the trees issue) they could issue decisions based on the diagnosis and information available in lots of cases (parhaps the majority?).
i dont even really mean generous just that they apply the correct burden of proof when deciding claims which is balance of probability rather than the beyond reasonable doubt it seems they think it is.
if you only change the regs i can just see poor administration evolving to create a new problem.