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Cancelling entitlement
Before accepting a request to cancel entitlement, the client advisor should:
- explain the impact of deciding to cancel entitlement
- tell the individual which other Social Security Scotland benefits they might be eligible for, if any
- signpost the individual to the independent advice services ahead of making a final decision.
The impact of cancelling entitlement is that the individual will have to reapply if they want Social Security Scotland to consider their eligibility for PADP at a future date. Cancelling entitlement to PADP may also have an impact on the rates and premiums of passported benefits.
If the individual reapplies, Social Security Scotland will make a new determination of entitlement. If the outcome of the determination of entitlement is that the client is entitled to PADP, the rules on when entitlement begins will apply.
If the individual is certain that they want to cancel entitlement after hearing this information, then the client advisor must do this. This rule only applies if cancellation is the correct step rather than:
- making a determination without application due to a change of circumstances
- arranging for a new client representative to act on behalf of the client.
Example: an individual requests that PADP is cancelled
Elizabeth is 67 and has significantly reduced vision in both eyes. She requires continual supervision throughout the day and is entitled to the lower rate of PADP. Elizabeth requests that PADP is cancelled on 27 August. She reports that her eyesight improved after an operation she had recently. Her eyesight is better and she is less anxious now.
The client advisor explains to Elizabeth that:
- the change is a change of circumstances
- her case could therefore be subject to a review rather than cancelling entitlement
The client advisor also explains the impact of stopping payment of PADP with Elizabeth to make sure she fully understands this decision. They discuss all options that are available to her. Elizabeth decides that she would like her case to be reviewed on the basis of a change in circumstances.
The client advisor gathers supporting information and carries out a review. Elizabeth is still entitled to the lower rate of PADP as she still requires continual supervision throughout the day. It is determined that Elizabeth’s entitlement to PADP should continue at the rate that she currently is entitled to and confirmed with Elizabeth that she wishes to continue to receive PADP.
Example: the person acting on behalf of the individual entitled to PADP requests that it stop being paid
Cole is 80 years old and has dementia. He is entitled to the lower rate of PADP. On 12 January, Cole requests that PADP stop being paid. Cole has recently received a large sum of money from the sale of a family property and does not wish to receive financial support in the form of PADP anymore.
The client advisor discusses the impact of cancelling PADP with Cole. Before proceeding to the final cancellation process, the client advisor does a final check that Cole is sure about this decision. Then, the client advisor explains how to make a cancellation request. Once the request has been received, it is processed and Cole’s entitlement to PADP is ended.