How does Social Security Scotland decide who to appoint or pay
Where there is an existing Executor or Executor-dative they will automatically be able to act for the deceased client and will also be the Death Arrears Payee (DAP).
If Social Security Scotland successfully make contact with an individual who says they are the Executor for the deceased client then that person should have a document called a Grant of Confirmation. This is the legal document issued by the Sheriff Court which gives the Executor legal authority to act. Without the Grant of Confirmation, the Executor has no legal authority to handle or deal with the deceased’s estate.
Where there is no Executor Social Security Scotland will have to decide who to appoint. The Agency should make enquires with the Sheriff Court to confirm who has been appointed as Executor and to obtain an inventory of any estate.
Appointees are not allowed in all circumstances e.g. they cannot be appointed in connection with entitlement to Carer’s Allowance Supplement (CAS).
The only legal requirement in terms of appointment for a deceased client is that there is no Executor already appointed on the individual’s estate. An assessment of an individual to be appointed is not an issue the way it would be with a living client. This is because appointees for adults with incapacity and child appointees in death have no human rights and safeguarding elements at risk.
A living client could be open to:
- financial exploitation
- coercion
- other abuse
In view of this when appointing an appointee, it is simpler to mirror existing rules of intestacy as follows:
- Spouse/civil partner
- Children – or their direct descendants
- Parents
- Full siblings – or their direct descendants (nieces and nephews)
- Half-siblings– or their direct descendants (half nieces and nephews)
- Grandparents
- Aunts & Uncles – or their direct descendants (cousins)
- Half Aunts & Uncles – or their direct descendants (half cousins)
A signed declaration will be required by Social Security Scotland confirming the individual being appointed is not aware of another individual who takes precedence over them when agreeing this appointment.
In cases of multiple beneficiaries it is expected individuals will agree the most suitable person to be appointed and in the event of any outstanding arrears of assistance the Appointee pays the sum to the clients estate and apportions accordingly.