Overview

Case managers can formally request information from the individual about any matter material to either:

• determining an individual’s entitlement to assistance (SS(S)A 2018, s. 54(1)(a)(i))
• considering whether a duty to make a determination without application applies (SS(S)A 2018, s. 54(1)(a)(ii)).

The case manager will specify a time limit for providing the information.

The individual will have a minimum of 28 days to provide this information, but the case manager may extend this. See ‘Extending the deadline for providing information’.

See also ‘Requesting information after the individual has died’ for an exception to this period.

Payment of assistance may be suspended if the individual has failed to provide information formally requested within the time specified for the purposes of one of the following:

• determining their on-going entitlement (SS(S)A 2018, s. 54(1A)(a)(i)) during a scheduled review
• considering whether a duty to make a determination without application applies (SS(S)A 2018, s. 54(1A)(a)(ii)) during an unscheduled review.

This must be the first time that the individual has failed to supply the information (SS(S)A 2018, s. 54(1A)(c)).

Where a decision is made to suspend, the case manager should inform the individual that their payments have been suspended as a result of their failure to provide information and again ask the individual to supply the information. The case manager must also specify a further deadline for providing the information (SS(S)A 2018, s. 54(1B)). This should be a further minimum period of 28 days and may be extended by the case manager.

If the individual fails to provide the information by the further deadline, the case manager may decide that the individual does not meet the eligibility criteria for assistance (SS(S)A 2018, s. 54(2)). See ‘Ending entitlement to assistance’.

In a small minority of cases, the Case Manager may consider suspending an award at a component (CDP Regs, reg. 26A(1); ADP Regs, reg. 38(1)) level, instead of the entire award.

Suspension at component level is only relevant to individuals who are in receipt of two components of a disability benefit. Suspension at component level would involve suspending payment of only one component, allowing the other component to remain in payment. These situations may include:

• if an individual is highly unlikely to be receiving overpayments of their award and fails to provide required information; or
• if an individual leases a vehicle through AVE, is unlikely to be receiving overpayments, and suspending their whole payment could cause them to lose their vehicle.

If a Case Manager feels that suspension at component level is an appropriate course of action, they should raise a case discussion to the Decision Support Team.

Purpose of suspension in this situation

The purpose of suspension is to both:

• encourage the individual to engage with Social Security Scotland and provide the information
• avoid the risk of the individual accruing overpayments if it is considered likely they may no longer be entitled to payment or are likely entitled to a lower amount.

Since the information is needed to review the individual’s entitlement, failure to provide the information may result in Social Security Scotland ending their entitlement.

Suspension in this situation is to be used only when other ways of contacting requesting information have proven unsuccessful and the individual is at risk of having their entitlement ended.

Extending the deadline for providing information

Case managers should consider any request from the individual if they require more time to provide the requested information in these circumstances.

The individual might have good cause for a delay in providing information if there are exceptional circumstances relating to:

• the individual’s health condition
• a hospital stay
• not getting the support needed from an advocate/support worker
• having to deal with an unexpected life event, like a death in the family.

This list is not exhaustive.

28. There may also be indications of impeded communication that indicated a lack of understanding of the impact of suspension, such as:

• the individual is known to need translated notifications
• delays in producing notifications in alternative formats, such as easy read or audio
• the individual should be contacted through an informal third party, such as a support worker or a family member.

This list is not exhaustive. If the case manager is unsure whether it is appropriate to extend the time limit, they should request a case discussion.

The chapter Principles of Decision-Making gives guidance on using discretion and considering exceptional circumstances.

Where the individual fails to provide the information

Where the individual fails to provide the information by the specified deadline, the case manager may decide to suspend payments.

The individual must be told that payments have been suspended. This will take the form of a notification in a format that is accessible to the individual.

The notification will ask the individual to provide the requested information by a further specified date (SS(S)A 2018 s. 54(1B) and SCP Regs, paragraph 25(3) of the sch). The notification will also explain that the individual’s entitlement to assistance may be ended if they fail to supply the information see ‘Ending entitlement’ below.

Ending entitlement after a further request for information

If the individual fails to provide the supporting information after having been given a further request to provide that information, the case manager may make a determination that the individual does not satisfy the eligibility criteria for assistance.

The case manager can make this determination without further

consideration (SS(S)A 2018, s. 54(2)).

It is important to recognise that ending entitlement could have a significant impact upon the individual. Ending entitlement should therefore only be used as a last resort.

There may be circumstances that mean it would be unreasonable to end entitlement, for example:

• the information has been requested because the individual’s level of entitlement might increase
• the information may alternatively be collected on the individual’s behalf by the case manager using powers to obtain the information from a third party
• the case manager is satisfied that there is enough information to conclude that the individual continues to meet the eligibility criteria for assistance
• there are indications of potential for hardship (such as previous known financial difficulty, vulnerability to homelessness)
• the information held suggests that the individual is a vulnerable person and ending entitlement could place the individual at risk of harm.

This list is not exhaustive. If the case manager is unclear as to whether it may be inappropriate to end entitlement, they should seek a case discussion.

The suspension must end if the case manager decides to end entitlement (CDP Regs, reg. 26E(c), ADP Regs, reg. 42(c), SCP Regs, reg. 19E(c)).

If the individual has a representative

To avoid penalising the individual, case managers should not end entitlement to assistance if both:

• a person is acting on behalf of the individual
• it is unclear whether the person remains able and willing to act.

Where someone with legal authority to act on behalf of the individual fails to respond to requests for information, case managers should make every effort to establish that there have been no changes to the contact details of the individual or their representative. This could involve checking with:

• DWP
• Office of the Public Guardian (Scotland)
• Local authorities.

As an individual with a representative is unlikely to be capable of supplying the information themselves, case managers should consider whether the person can continue to act. See ‘Making payments to a person who is not able to continue to receive them’.

If the individual provides the information

If the individual provides the requested information, payments will remain suspended until the case manager either:

• decides that a duty to carry out a determination without application does not apply (CDP Regs, reg. 26E(a), ADP Regs, reg. 42(a), SCP Reg, reg. 19E(a))
• makes a determination without receiving an application (CDP Regs, reg. 26E(b), ADP Regs, reg. 42(b), SCP Regs, reg. 19E(b)).

Case managers must end the suspension as soon as either of these circumstances apply.

Case managers should also end a suspension as soon as the information is provided if either of the following apply:

• more information is required from the individual or a third party
• the case manager is only conducting a forward-looking review of the individual’s entitlement.

Requesting information after an individual has died

There is no power to suspend payment of assistance upon the death of an individual.

Where a case manager receives a verified report that the individual has died, they should make a determination without application to bring their entitlement to an end (CDP Regs, reg. 31, ADP Regs, reg. 48).

In Scotland, deaths must be registered within eight days. If Social Security Scotland have not verified a death after eight days, Social Security Scotland will take steps to verify the death. See the operational guidance on bereavement.

Where a case manager is aware of the possible unverified death of the individual, the case manager should make a request for information (2018 Act, s. 54(1) (as amended) and SCP Regs, paragraph 25(1) of the sched) from the next of kin or executor to provide:

• documentation to verify the date of death and
• confirmation of the individual’s Executor details.

The request for information will specify a time limit of 14 days. If the information is not provided after 14 days, the case manager should consider suspending entitlement.