Requesting that an award of Adult Disability Payment be cancelled

Individuals who are entitled to Adult Disability Payment (ADP) have the right to request that entitlement to ADP be cancelled and payments be stopped. This involves cancelling the individual’s entitlement to assistance. (SS(S) Act 2018 s. 26(1))

Client representatives can exercise this right on behalf of the individual who is entitled to assistance.(SS(S) Act 2018, s .85B(9)(a)).

A client representative includes someone who:

• has been appointed by Social Security Scotland (under s.85B of the 2018 Act)
• has a Power of Attorney for the individual.
• has a legal right to act on the individual’s behalf.

You must consider a request by a client representative, but should satisfy yourself by referring to guidelines that the client representative continues to be suitable to act on the individual’s behalf (SS(S) Act 2018, s85B(4)(iv)).  If however, you believe that the client representative may no longer be suitable, you should make this known to Local Delivery. This will help discussions and checks to ensure that cancelling entitlement is in the individual’s interests.

Where there are doubts about whether an individual acting on behalf of the ADP client is still suitable to act on an individual’s behalf, refer to the guidance on when to find a new client representative or arrange for the individual to act for themselves.

The cancellation of the individual’s entitlement must take place either:

• immediately or (SS(S) Act 2018 s.26(2)(a))
• at a later date, specified in the request(SS(S) Act 2018 s.26(2)(b)).

You should explain SS(S) Act 2018 s.26(3) to the individual that they cannot be given assistance after ADP is cancelled.

You must confirm with the individual that cancellation is the correct step to take, rather than:

• treating the request as a potential change of circumstances
• arranging for a new client representative to act on behalf of the individual or arranging for the individual to act for themselves