Applications from a third party
Applications under SRTI rules can be submitted by a third party. There are no restrictions on who can submit a third party SRTI application.
A third party is not a legal representative or an appointee, but a person the individual has nominated to support them when submitting an application under SRTI rules. The third party does not become a Third Party Representative unless the individual gives their authorisation.
Third party individuals may include:
- friends
- relatives
- a representative from an organisation, for example:
- advice or welfare rights organisations
- professionals such as social workers
- nurses or doctors.
The third party must tell the individual they are applying for assistance for them and must gain the individual’s consent to do so. The third party will have to confirm as part of the application that they have gained the individual’s consent.
The individual does not have to sign the application form for assistance under SRTI.
The individual who is terminally ill is still treated as the individual who applies for the assistance, even if a third party makes the application for them.
A third party can make an initial application. However, all further communication must be with the person who is terminally ill.
A third party making an application will not have any direct involvement with Social Security Scotland after submitting the application, unless the individual authorises them to formally become their “Third Party Representative”.
There are a number of ways all individuals can receive the support of a third party in their interactions with Social Security Scotland.
This is not a legal representative but a person the individual has nominated to support them.
A Third Party Representative could continue to support the individual in their interactions with Social Security Scotland.
Third Party Representatives are available to all individuals but are likely to be of particular benefit to SRTI individuals. [Link to third party Representatives Guidance]
Example: third party application from a third sector organisation
James is terminally ill. A Macmillan nurse involved in his care asks him if he would like her to submit an application on his behalf for ADP.
James agrees and the nurse submits the application and the BASRiS form completed by his RMP/RN.
In completing the application the nurse needs to confirm that she has James’ consent. All future communication is between Social Security Scotland and James.
Example: third party application
Rebecca is terminally ill. Her doctor has completed a BASRiS form and explained her terminal diagnosis to her. Rebecca’s sister completes an application on her behalf, having first gained Rebecca’s consent. All communication from Social Security Scotland is with Rebecca as the application is in her name.