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)).

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