Child Disability Payment decision making guide
Overpayments of CDP after the death of an individual
Social Security Scotland will not always be informed of the death of an individual immediately. This could potentially result in an overpayment.
An individual’s estate is liable to Scottish Ministers for any sums paid after death because this assistance was given in error (SS Act 2018, s69(1)). The value of the overpayment is the difference between the assistance given and the value that should have been given if the overpayment had not happened. (SS Act 2018, s63(2)(a)) (SS Act 2018, s63(2)(b)).
Danielle is 15 years old and has cancer. She is entitled to the highest rate of the care component and higher rate of the mobility component of CDP through special rules for terminal illness. Danielle dies on 10 October. Social Security Scotland is informed of Danielle’s death 12 weeks later. The case manager makes a determination without application that Danielle is no longer entitled to CDP. An overpayment of CDP has occurred. This is because payment of CDP was doubled for the period of 8 weeks ending on the date of Danielle’s death. This means that Danielle was overpaid the highest rate of the care component and the higher rate of mobility component of CDP for 4 weeks.
Hugh is 5 and has congenital heart disease. He is entitled to the middle rate of the care component and lower rate of the mobility component of CDP. Hugh dies on 1 May due to complications resulting from his health condition. Hugh’s carer informs Social Security Scotland that Hugh has died 6 weeks later. The case manager makes a determination without application that Hugh is no longer entitled to CDP. To calculate whether there has been an underpayment or an overpayment to Hugh’s carer, the case manager must both:
- check and double the weekly amount paid to Hugh for each of the past 8 weeks leading up to his death
- deduct the amount that was already paid for the period from this to calculate how much is still due to be paid