When Social Security Scotland are unable to identify an individual to act or receive any Pension Age Disability Payment that is due

Where Social Security Scotland cannot find someone to act, we must process the application to its conclusion, using the information that is available. This may mean that Social Security Scotland have partial information or insufficient supporting information.

For example, in the event of the death of a client who is receiving or applying for disability benefits, medical records are sent back to the health board after death. This means Social Security Scotland may not be able to write to the Executor or appointee of the deceased or their GP. Where this occurs, a determination of entitlement should be made using all the available information, as well as using other decision-making tools, such as a case discussion with a practitioner and making a determination on the balance of probabilities.

Social Security Scotland must also be mindful of the time period that dispute rights remain valid – re-determination and appeal requests can be made up to a year after the original determination.

Where the determination results in a payment and Social Security Scotland are not able to find a beneficiary, arrears will be paid to the Office of King’s and Lord Treasurer’s Remembrancer (KLTR) via the National Ultimus Haeres Unit. If there has been a death and there are apparently no spouse, civil partner or blood relatives, we might expect it to have been reported to the Ultimus Haeres Unit already by the relevant authority. The Unit investigates to identify a beneficiary for a person’s estate and takes the relevant actions to do so.

Social Security Scotland will be expected to have taken all reasonable steps, as set out above, to determine a beneficiary prior to referring to KLTR.