When payment can be stopped

Payments of Adult Disability Payment should stop after an individual’s entitlement to the benefit ends.

Individuals have a right to request payments to stop. In these cases, managers should cancel an award. Individuals can request that payments stop either:

• with immediate effect
• on a specific date (Social Security (Scotland Act) 2018 , s 26(2))

Where an individual has requested that payments stop, the case manager or client adviser should ensure that the individual or their representative is clear about the impact that the decision to stop payment of Adult Disability Payment could potentially have. It could mean other benefits in payment because of entitlement to Adult Disability Payment may be affected. For more information, see passporting benefits, Operational Guidance and an individual's right to stop reveiving assitance chapter.

When a case manager is notified that an individual entitled to Adult Disability Payment has died, they must make a determination without application (ADP regs. Reg 48(b)). Please refer to the death of a client chapter for more information.

An overpayment can occur when Social Security Scotland is not informed immediately of the death of an individual who is entitled to Adult Disability Payment. If this happens, an individual’s estate is liable to Social Security Scotland for any sums paid after death. The value of the overpayment is the amount of assistance paid since the day following the date of death. Social Security Scotland will contact the individual’s next of kin, or the person who registered the death, to make further enquiries if this happens.