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Part of Pension Age Disability Payment decision making guide


Appointees

Someone may be appointed to assist a person with their benefit application, and to receive the payments on that person’s behalf, provided various conditions are met (Social Security (Scotland) Act 2018, s85B)

When someone makes a new and successful application for PADP, the award cannot be paid to an appointee until Social Security Scotland has carried out the formal appointee assessment process.

However, where a person’s initial PADP determination resulted from the case transfer process, a DWP appointee can continue to act for the person in the Scottish system until these further checks are carried out (PADP regs, Sch 1, Part 3, para 13(1))

These checks need to be completed as soon as reasonably practicable. However, until then the appointee can continue to act on the person’s behalf, including receiving their payments of PADP (PADP regs, Sch 1, Part 3, para 13(2))

When these checks have been completed, Social Security Scotland must decide if the appointment should continue or be terminated. If the appointment is terminated, a decision should be made as to whether it would be appropriate for someone else to act on the person’s behalf and the usual appointee process should be followed (PADP regs, Sch 1, Part 3, para 13(2))

Example: Appointees for transfer cases

Joan is 93 years old and her sister Julie helps look after her finances. Julie applied for Attendance Allowance on Joan’s behalf and was appointed by the DWP to maintain her Attendance Allowance award. Joan’s case is selected for transfer. Social Security Scotland arranges to conduct a visit to speak with both Julie and Joan at the first convenient time, which is six weeks after Joan’s case is transferred. Julie can continue to act and receive PADP payments on Joan’s behalf until Social Security Scotland:

  • completes their visit
  • decides if the appointment is appropriate.
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