Click to edit SEO parameters
Applications from a third party
Applications under SRTI rules can be submitted by a third party. There are no restrictions on who can submit a third party SRTI application.
A third party is not a legal representative or an appointee, but a person the individual has nominated to support them when submitting an application under SRTI rules. The third party does not become a Third Party Representative unless the individual gives their authorisation.
Third party individuals may include:
- friends
- relatives
- a representative from an organisation, for example:
- advice or welfare rights organisations
- professionals such as social workers
- nurses or doctors.
The third party must tell the individual they are applying for assistance for them and must gain the individual’s consent to do so. The third party will have to confirm as part of the application that they have gained the individual’s consent.
The individual does not have to sign the application form for assistance under SRTI.
The individual who is terminally ill is still treated as the individual who applies for the assistance, even if a third party makes the application for them.
After a third party has made an initial application on behalf of the individual, any further communication must be with the person who is terminally ill. Care must be taken not to disclose ‘harmful information’ that may have been withheld by the individual’s medical professional (see ‘Need for Discretion – harmful information’ section).
A third party making an application will not have any direct involvement with Social Security Scotland after submitting the application, unless the individual authorises them to formally become their “Third Party Representative”.
A Third Party Representative could continue to support the individual in their interactions with Social Security Scotland.
Third Party Representatives are available to all individuals but are likely to be of particular benefit to SRTI individuals
Example: third party application from a family member
Annie, aged 71 is terminally ill. Her doctor has completed a BASRiS form and explained her terminal diagnosis to her. Annie’s sister completes an application on her behalf, having first gained Annie’s consent. All communication from Social Security Scotland is with Annie as the application is in her name.
Example: third party application from a third sector organisation
Bruce is terminally ill. A Macmillan nurse involved in his care asks him if he would like her to submit an application on his behalf for PADP. Bruce agrees and the nurse submits the application and BASRiS form. In completing the application the nurse confirms that she has Bruce’s consent. All future communication is between Social Security Scotland and Bruce.