Child Disability Payment decision making guide
Considering the individual’s financial circumstances
The suspension of payments to an individual can have serious consequences.
Suspending payments may have an impact on other types of social security assistance that the individual is entitled to receive.
When an individual is at risk of having their payments suspended, they will be encouraged to notify the case manager if this would cause them financial hardship.
The individual’s financial circumstances should be considered both:
- before deciding to suspend payments
- when reviewing a decision to suspend payments.
Where a suspension is applied because of a failure to supply information, the case manager may have limited information about the individual’s financial circumstances.
Case managers should therefore consider potential indicators that might indicate the individual might experience hardship and that suspension is inappropriate. For example, the individual:
- may be in receipt of one or more low-income benefits delivered by Social Security Scotland or DWP
- has an active arrangement with Social Security Scotland to repay an overpayment.
In these circumstances, the case manager should carefully consider using their discretion not to suspend payments.
Mika is entitled to the enhanced rate of the mobility component of ADP. The case manager begins a scheduled review of Mika’s entitlement and issues the scheduled review form. The letter explains that failure to return the form within 28 days could result in suspension of Mika’s payments. Mika fails to return the form and the case manager has limited information about their financial circumstances.
The case manager notices that Mika is entitled to SCP and Best Start Grant but is currently repaying an overpayment of another Social Security Scotland benefit. The case manager checks with DWP and notes that Mika is also entitled to Universal Credit. The case manager decides that suspending Mika’s ADP could cause considerable financial hardship and decides not to suspend payment.
Where the case manager has any doubts about the appropriateness of a suspension because of the individual’s financial circumstances, they should seek a case discussion.
Factors to consider
There is no requirement upon the individual to provide proof of hardship, such as bank statements, receipts or invoices.
Case managers should be prepared to accept in good faith any statement made by the individual that suspension would or is causing hardship.
Case managers should normally end the suspension as soon as possible if it is causing hardship.
The individual may be in financial hardship if they:
- cannot pay for bills, food or other essential items
- are at risk of losing their home or threatened with eviction
- would face loss of gas, electricity or other utilities
- will lose access to other social security payments because of the suspension
- cannot access services such as homecare, day services or transport
- are at risk of losing a vehicle leased under the Accessible Vehicles and Equipment Scheme.
This list is not exhaustive. Case managers should exercise their discretion fairly. The chapter Principles of Decision-Making gives guidance on using discretion.
Asif’s entitlement to ADP has been suspended for failure to provide information. Asif’s explains to the case manager that they have not been able to pay their carer because of the suspension, resulting in the service being temporarily withdrawn. Because of this, Asif’s is unable to manage activities of daily living independently. Asif’s is very distressed by the situation and explains that they are still waiting on information from their GP about their condition. The case manager considers it reasonable to conclude that Asif’s is experiencing financial hardship as a result. The case manager decides to end the suspension.