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Death arrears
Sometimes an individual may die without having received all benefits due. This is most likely to happen where an individual has made a new application or waiting for a change of circumstances to be processed and a determination has not yet been made.
In such a situation, if it is determined that an individual was (or would have been) entitled to benefit in the period before they died, there may be arrears due. Social Security Scotland must make enquiries to establish if there is an executor of estate, next of kin or other representative (usually a family member) who can decide whether to proceed with the determination of the application and to whom the arrears, if any are due, can be paid.
Example: Individual dies before receiving benefit due
Caroline applies for Adult Disability Payment on 10 June. The case manager is unable to reach a determination on the application immediately, and seeks supporting information. This takes some time, and in the meantime Social Security Scotland is notified on 21 July that Caroline died on 19 July. On the same day, 21 July, information from Caroline’s GP is received. On 22 July the case manager determines that on the basis of this information, Caroline was entitled to the enhanced rate of both components of Adult Disability Payment from 10 June (the date of application) until 19 July (the date she died).
There are therefore arrears of benefit and enquiries are made to confirm who should receive these arrears on Caroline’s behalf. As previously stated, this will usually be either an executor if the individual left a will (who may be a solicitor or family member), or a next of kin (again usually a family member).