Child Disability Payment decision making guide
Reviewing a decision to suspend payments
The individual has the right to ask for a review of the decision to suspend payment of assistance.
Case managers have 31 days to complete a review of the decision (CDP Regs, reg. 26D, ADP Regs, reg. 41, SCP Regs, reg. 19D).
The individual must be notified of the outcome of the review. This must be done in a way which provides them with a record of the information that they can share with others (CDP Regs, reg. 26D(3), ADP Regs, reg. 41(3), SCP Regs, reg. 19D(3)).
The notice of the review must also give reasons for the case manager’s decision.
Factors to consider
Generally
Reviewing a decision to suspend checks that Social Security Scotland has acted lawfully in suspending payments and whether it may lawfully continue to maintain a suspension.
Was there a lawful basis for suspension?
When conducting a review, the case manager should consider both whether:
- the conditions for suspending the individual’s assistance were met
- those conditions continue to apply in the individual’s case.
If there was no lawful basis for the suspension, then it should be ended immediately.
Stella is entitled to the enhanced rate of the daily living component of ADP.
The case manager begins a scheduled review and asks Stella for more information about her condition. Stella has been asked to supply the information by 11 February.
The case manager reviews Stella’s case on 9 February and notes that the information has not been provided and therefore decides to suspend payment in anticipation it will not be provided.
Stella requests a review of the decision to suspend, as she returned the form for the scheduled review by recorded delivery. She can see that it was received on 10 February by Social Security Scotland using the tracking information. As the deadline for supplying the information had not yet been passed, there is no lawful basis for suspending Stella’s payments.
If there is a lawful basis for the suspension, the case manager should go on to consider whether the grounds for suspension continue to apply. Where those grounds no longer apply, the case manager should end the suspension.
Eilidh is entitled to the middle rate of the care component and lower rate mobility component of CDP. Eilidh’s mum made the application for CDP and has been receiving payments on her behalf. On 9 June, Eilidh’s mum died unexpectedly. The case manager attempts to quickly identify whether there is someone else who could act on Eilidh’s behalf. It is established that Eilidh’s gran should be appointed to act on her behalf, but the case manager fails to end the suspension.
Eilidh’s gran requests a review on her behalf, on the basis that she has now been appointed and there is no need to maintain the suspension. The case manager considers this request and immediately ends the suspension.
Was the individual notified of the suspension?
It is a legal requirement that the individual is notified of the suspension.
An individual may state that they did not receive notice of the suspension when requesting a review. The case manager should both:
- confirm that the correct address is held for the individual
- check that the notice was issued to that address.
If the notice was sent to the wrong address, then it may be appropriate to reissue the notice to suspend to the correct address if the conditions for suspension continue to be met.
If the notice was sent to the correct address, the case manager should consider whether it is likely or not that the individual received the notice. Each case should be considered on its own merits, but potentially relevant considerations include:
- has the individual reported issues with losing mail to Royal Mail
- whether the individual has received and responded to other correspondence from Social Security Scotland
- checking with the mail room to ensure that the mail has not been returned to Social Security Scotland.
Case managers should be prepared to accept what the individual says about receiving the notice. However, it may be that it is appropriate to re-issue the notice and maintain the suspension.
Certain situations would indicate that it would be appropriate to maintain the suspension, such as:
- the individual remains at risk of financial abuse
- the person acting on the individual’s behalf is no longer able to do so.
Were the individual’s financial circumstances properly considered?
Before suspending assistance, a case manager is required to consider whether the individual’s financial circumstances were properly considered. Case managers should also consider the individual’s financial circumstances during a request for a review, even if the individual does not specifically put hardship in issue.
Social Security Scotland may hold limited information about the individual’s financial circumstances, particularly where assistance is suspended for failure to provide information.
Where limited information is available at the review stage, the case manager should engage with the individual to understand their financial circumstances. The case manager could also consider information already held, such as whether the individual is in receipt of other devolved payments.
Niall is entitled to the standard rate of the mobility component and the enhanced rate of the daily living component of ADP. Niall has an appointee. It has been alleged that Niall’s appointee is subjecting him to financial abuse.
Based on the strength of the information received, the case manager has suspended Niall’s ADP. This is because it has not been possible to identify an appropriate alternative arrangement. The case manager receives a request from Niall to review the suspension.
The case manager is satisfied that there was a lawful basis for suspending Niall’s payments. The information from Niall suggests that his brother would be happy to manage his entitlement to assistance, but this was overlooked in suspending payments. The case manager decides to make an urgent referral to Local Delivery to arrange an alternative appointee. Given the risk of financial abuse, it is appropriate to maintain the suspension whilst making those arrangements.
Considerations where suspension has been applied for failure to supply information
In cases where payments have been suspended for failure to provide information, the case manager should also consider whether:
- the individual had provided the information before the specified deadline
- the individual had asked for more time to obtain the information
- the individual may have had good cause for the delay,
- the individual received notice that their payments were at risk of being suspended
- the information exists or would be readily obtainable by the individual
- there is an alternative method of obtaining the necessary information.
This list is not intended to be exhaustive. If the case manager is unclear about how to proceed, they should seek a case discussion.
The following may suggest that a suspension is not appropriate:
- the individual has asked for more time to provide the information because they are waiting on someone else to provide it to them
- the information does not exist or could not be readily obtained by the individual
- there is an alternative method of obtaining the necessary information, such as Social Security Scotland collecting it on the individual’s behalf
- the individual was not informed that their payments could be suspended for failure to provide the information
- the individual has good cause for failure to supply the information. See ‘Extending the time limit for providing information’ for examples of good cause
- the individual has otherwise previously been communicative and co-operative in relation to this request.
This list is not intended to be exhaustive.
Janika is currently entitled to the standard rate of the daily living component of ADP. As part of a scheduled review of Janika’s entitlement, the case manager formally requests that Janika provides supporting information from a professional by 1 May. Janika contacts Social Security Scotland on 29 April to explain that they are have difficulty reaching their support worker, as they are on leave. The support worker had promised to produce the supporting information but won’t be back from leave for two weeks. This is noted on Janika’s case. No information is received by 1 May and Janika’s ADP is suspended.
Janika contacts Social Security Scotland on 10 May to request a review of the decision to suspend payment. The case manager is satisfied that both:
(a) there was a lawful basis for suspending
(b) Janika had been properly notified of the suspension.
However, Janika has been engaging with Social Security Scotland and was having difficulties in obtaining the information. The case manager decides that it would be unfair to apply the suspension, as there is still a possibility that the information will be forthcoming.
The following may suggest that a suspension might be appropriate:
- the individual has repeatedly failed to respond to attempts to obtain the information
- the individual’s mail is being returned consistently to Social Security Scotland.
If the case manager is unsure how to proceed, they should seek a case discussion.
If payments are still suspended when the review takes place
If payments are still suspended when the case manager looks again at the decision, then they must decide either:
- whether they may keep the suspension in place
- end the suspension.
If the suspension has ended when the review takes place
If the suspension has ended by the time the case manager looks again at the decision, then the case manager needs to decide both:
- if it was lawful to suspend payments in the first place
- if they were right to keep the suspension in place for as long as they did.