How does Social Security Scotland decide who the most appropriate person is?

Where there is an existing Executor (Dealing With a Deceased's Estate in Scotland (scotcourts.gov.uk)) or Executor-dative they will automatically be able to act for the deceased client and will also be the person that arrears of PADP are paid to, in order for them to distribute the funds in line with the deceased’s will, or last wishes.

If Social Security Scotland successfully make contact with an individual who says they are the Executor for the deceased client, then that person should have a document called a Grant of Confirmation. This is the legal document issued by the Sheriff Court which gives the Executor legal authority to act. Without the Grant of Confirmation, the Executor has no legal authority to handle or deal with the deceased’s estate.

Where Social Security Scotland has made enquiries with the Sheriff Court and found that there is no Executor, Social Security Scotland will have to decide who to appoint as an appointee for the deceased.

Appointees are not allowed in all circumstances, for example, they cannot be appointed in connection with entitlement to Carer’s Allowance Supplement (CAS). Specific guidance should be referred to for each Social Security Scotland benefit if an individual has died so that appropriate bereavement process is followed.

The only legal requirement for Social Security Scotland when establishing an appointee for a deceased client is to ensure that there is no Executor already appointed on the individual’s estate.

Social Security Scotland does not need to assess an appointee in the same way that it would for a living client. Guidance on ‘making appointments for the deceased' should be followed. The term “appointee” does still apply to deceased client’s estates where there is no Executor, it is just a different type of appointee as it is a procedural appointment to allow Social Security Scotland to finalise the administration of the case.

A deceased client will not be open to the same safeguarding risks as a living client. This includes:

• financial exploitation
• coercion
• other forms of abuse

Therefore, a referral to Local Delivery is not required when processing an appointee for the deceased.

In view of this when appointing an appointee, it is simpler to mirror existing rules of intestacy as follows:

1. Spouse/civil partner
2. Children, or their direct descendants
3. Parents
4. Full siblings, or their direct descendants (nieces and nephews)
5. Half-siblings, or their direct descendants (half nieces and nephews)
6. Grandparents
7. Aunts & Uncles, or their direct descendants (cousins)
8. Half Aunts & Uncles, or their direct descendants (half cousins)

More information on the rules of intestacy can be found here: Part V. Rights Of Succession - What to do after a death in Scotland - practical advice for times of bereavement: revised 11th edition 2016 (web only) - gov.scot (www.gov.scot)

A signed declaration will be required by Social Security Scotland confirming the individual being appointed is not aware of another individual who takes precedence over them when agreeing this appointment.

In cases of multiple beneficiaries, it is expected individuals will agree the most suitable person to be appointed, and in the event of any outstanding arrears of assistance, the appointee for the deceased pays the sum to the client’s estate and apportions accordingly.