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Who a payment can be made to
Where an award relates to an individual who is entitled to PADP, payment should be made to either:
- the individual
- an appointee (SS Act 2018 section 85B)
- someone with legal powers to manage the individual’s affairs, such as a Power of Attorney or a Guardian
- someone that the individual has requested receive payment on their behalf.
PADP can be paid to someone else at any point (PADP regs, reg 25(1)) if the individual requests it. This may follow a change of circumstances or the availability of new information.
Whether an appointee should receive PADP on behalf of an individual is a formal process. The formal appointee process can be initiated at any point before or during the application process, or after an entitlement determination has been made. Anyone holding legal powers such as:
- Power of Attorney
- Guardianship
will have undergone a legal process involving a solicitor and the powers must be Court approved. Formal papers will be lodged with the Office of the Public Guardian. Because a legal process has taken place, anyone holding these powers will supersede an appointee:
- who is approved by either the Department for Work and Pensions or Social Security Scotland
- where the process is less formal and does not involved a solicitor, Court or the Office of the Public Guardian.
Example: Payment made to appointee
Janice is 82 years old and is entitled to the higher rate of PADP. When applying for the benefit, her partner completes the application form stating Janice is unable to complete this for herself because she has dementia which has affected her cognitive ability and memory, and she is now legally not considered capable of managing her own affairs. Her partner wishes to become her appointee and deal with all financial and benefit matters. They provide supporting information from Janice’s consultant confirming her difficulties. Social Security Scotland takes the necessary action to confirm Janice’s partner as appointee and makes payment to them on her behalf.
Example: Payment made to Power of Attorney
George has been receiving PADP for 2 years into his own bank account and has been managing his own affairs. George’s son contacts Social Security Scotland to advise they now hold a signed and registered Power of Attorney for George who has developed a brain injury. They now have the legal right to manage his affairs, and payment of PADP will now be made to them on his behalf.