Key terminology

The 2018 Act and the Pension Age Disability Payment regulations state that determinations of entitlement are made by Scottish Ministers. Scottish Ministers do not personally make these determinations. Instead, officials employed by Social Security Scotland act on behalf of Scottish Ministers. This is known as the Carltona Principle (Carltona Ltd v Commissioners of Works [1943] 2 All ER 560 (CA)).

The Carltona principle states that: “In the administration of government in this country the functions which are given to ministers (and constitutionally properly given to ministers because they are constitutionally responsible) are functions so multifarious that no minister could ever personally attend to them...The duties imposed upon ministers and the powers given to ministers are normally exercised under the authority of ministers by responsible officials of the department. Public business could not be carried on if that were not the case.”

Decision Making Guidance for Pension Age Disability Payment will therefore refer to Social Security Scotland or officials employed by Social Security Scotland, rather than to Scottish Ministers.

For simplicity, the Decision Making Guidance at times refers to any official employed by Social Security Scotland as case managers. This includes case managers, client experience officers and others.

Many individuals applying for, or receiving, Pension Age Disability Payment will not be interacting with Social Security Scotland themselves. Instead, a relative or caregiver may do so on their behalf. Some individuals might have an appointee or third-party representative.

The Decision Making Guidance uses the term ‘individual’ when referring to:

• an individual applying for, or in receipt of, Pension Age Disability Payment. This includes individuals who manage their own award of Pension Age Disability Payment without support, or
• a person who is assisting, or legally managing, another individual’s Pension Age Disability Payment application or award.

This could include a third-party representative who can assist an individual with their benefits, or a person, such as an appointee, power of attorney or executor, who is legally empowered to manage an individual’s benefits on their behalf.

Case Managers should be aware of this as the guidance does not explicitly refer to appointees or other representatives in all chapters.

For more details on appointees and third-party representatives, case managers should refer to guidance on Client Representatives and operational guidance.