Child Disability Payment decision making guide
Responsibilities when suspending payments
When suspending payments of assistance, a case manager must:
- consider each case carefully on its merits, considering any factors that might make the decision unacceptable
- give the individual the opportunity to give any reasons they may have for not suspending payment of assistance
- be able to show that they acted reasonably in exercising their discretion see Principles of Decision-Making for guidance on this
- record the decision and advise the individual of the decision in writing (including the individual’s right to request a review of the decision to suspend their payments).
If correspondence sent to the individual or someone acting on their behalf is returned to Social Security Scotland, the case manager must take steps to ensure that they have tried to trace the individual, such as:
- checking SPM to see if there is a new address
- telephoning the individual or their representative.
An individual may request a review of a decision to suspend, or they may also consider seeking a judicial review of the decision. This might be based on one or more of the following grounds:
- the decision to suspend was unlawful
- the case manager failed to use their discretion in a manner consistent with the law
- the decision was unreasonable
- the decision was improperly made
- the decision was delayed.
It is therefore important that case managers follow the guidance in this chapter when suspending payments or reviewing a decision to suspend.