Child Disability Payment decision making guide
When to find a new client representative or arrange for the individual to act for themselves
The case manager must not accept a request to cancel entitlement from a client representative if they are no longer ‘practicably able’ to act for the individual.
This would be the case where, for example, the client representative does not regularly see the individual and has no contact with anyone who regularly sees them. Cancelling entitlement in this circumstance would not be in the individual’s interests. Instead, Social Security Scotland must establish whether an alternative person can act on behalf of the individual or they can act for themselves (if they are 16 years or older and able to act for themselves).
As well as doing this, the case manager must consider suspending payments until a new arrangement is in place. The case manager should suspend payments if this is necessary in order to avoid payments being made to someone who is not practicably able to act for the individual. Part 4 of the guidance, ‘Suspending Payments: Guidance for Decision-Makers’ has guidance on this (see section 4 in particular). Suspension will not be necessary if the case manager can find someone suitable to make the payments to during the short period while Social Security Scotland establishes either:
- a new client representative
- that the individual can act for themselves if they are 16 years or older (CDP Regs, Reg 22).