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Who a payment can be made to
Where an award relates to an individual who is entitled to Adult Disability Payment, payment should be made to either:
- the individual
- an appointee (SS Act 2018 sections 85A and 85B)
- someone with legal powers to manage the individual’s affairs, such as a Power of Attorney or a Guardian
- someone that the individual has requested receive payment on their behalf.
Adult Disability Payment can be paid to someone else at any point (ADP regs,33(1)) if the individual requests it. This may follow a change of circumstances or the availability of new information.
Whether an appointee should receive Adult Disability Payment on behalf of an individual is a formal process . A decision relating to whether an appointment should be made or not can be made at the beginning of an application or when a review of the decision is requested.
Anyone holding legal powers such as:
- Power of Attorney
- Guardianship
will have undergone a legal process involving a solicitor and the powers must be Court approved. Formal papers will be lodged with the Office of the Public Guardian. Because a legal process has taken place, anyone holding these powers will supersede an appointee:
- who is approved by either the Department for Work and Pensions or Social Security Scotland
- where the process is less formal and does not involve a solicitor, Court or the Office of the Public Guardian
Example: Payment made to appointee
Jessica is entitled to the enhanced rate of both components of Adult Disability Payment. When applying for the benefit, her partner completes the application form stating Jessica is unable to do so for herself because she has experienced a brain injury which has affected her cognitive ability and memory, and she is now incapable of managing her affairs. Her partner wishes to become appointee and deal with all financial and benefit matters. They provide supporting information from Jessica’s consultant confirming their difficulties. Social Security Scotland takes the necessary action to confirm Jessica’s partner as appointee and makes payment to them on her behalf.
Example : Payment made to Power of Attorney
Derek has been receiving Adult Disability Payment for 2 years into his own bank account and has been managing his own affairs. Derek’s son contacts Social Security Scotland to advise they now hold a signed and registered Power of Attorney for Derek who has developed dementia. They now have the legal right to manage his affairs and payment of Adult Disability Payment will now be made to them on his behalf.
Daily rate payments
There are circumstances in which Adult Disability Payment can be paid at a daily rate. This may be applicable to individuals living for a prolonged period in a care home or a residential educational establishment.
If the individual has a period of absence from the institution, they may be paid at a daily rate. The daily rate is one-seventh of the weekly rate. This applies as long as the individual has already had the benefit of 28 days grace at an earlier point in their stay, and expect to return to stay in the establishment within 28 days of the period of leave (ADP Regs, reg 34(3)).
This generally applies to individuals who live in a residential care or hospital setting for most of the week, and go home at the weekend to spend time with family. For example going home on a Friday and returning on Monday. The daily rate should be calculated from the day the individual goes on leave and ends the day after the individual returns to living in a care home (ADP regs, reg 34(3)) . In the above example the individual would be paid 4/7ths of the weekly amount of Adult Disability Payment, for Friday, Saturday, Sunday and Monday. For more detail on this please refer to the effect of time spent in care homes and residential educatioanl establishments chapter.
Example: an individual is paid the daily living component while on leave from residential care
The following rates are for illustrative purposes only and may not be accurate.
Ellie receives the standard rate of both the daily living and mobility components. She goes into long term residential care on 14 April. After 28 days, ie after 12 May, payment of her standard rate daily living stops and standard rate mobility continues. From the end of June Ellie is able to go home and spend time with her family from Friday to Monday every weekend. She leaves the care home on Friday 25 June and returns to the care home on Monday 28 June. As she expects to be readmitted within 28 days, she can be paid the daily living component at a daily rate for the days she spends at home. Payment of £38.91 can be made which is 4/7ths of the weekly rate of £68.10 (daily rate £9.73) (2021-22 rates).
Individuals’ families may advise of days spent at home each time this happens.
- on a weekly basis so payment of benefit can be calculated
- on a monthly or quarterly basis depending on how often the individual comes home.
Each time a new calculation will be required
Terminal Illness
An individual who is terminally ill becomes entitled and can be paid from whichever of these dates is earliest (ADP regs, reg 26(5)):
- the date Social Security Scotland receives their application
- the date a Benefits Assistance under Special Rules in Scotland (BASRiS) form is signed (up to a maximum of 26 weeks prior to application being received).
This date can be no earlier than 21 March 2022.