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Appointees
Some individuals will have an appointee accepted by the Department for Work and Pensions to receive Disability Living Allowance on their behalf, where they are regarded as incapable of managing their own affairs. When their award is transferred to Scottish Adult Disability Living Allowance, the appointee is to be treated on or after the transfer date as though they had been appointed to act (under section 85B(7) of the 2018 Act) on behalf of the individual for their Scottish Adult Disability Living Allowance (Scottish Adult DLA regulations, Schedule 1, Part 2, Para 11(1)).
Typically, when someone makes a new and successful application for Adult Disability Payment, the award cannot be paid to a person as an appointee until Social Security Scotland checks that this is appropriate. This process takes into account the views of the client and others with an interest in their welfare and financial affairs.
However, where an individual’s Adult Disability Payment determination is an interim determination made on the basis of an award of Scottish Adult Disability Living Allowance, the Department for Work and Pensions appointee can continue to act for the individual as though they were a Social Security Scotland appointee until these further checks are carried out. These checks need to be completed as soon as reasonably practicable (Scottish Adult DLA reg’s, Schedule 1, Part 2 Para 11(2)(a) ). However, until then the appointee can continue to act on the individual’s behalf, including making an application for and receiving payments of Adult Disability Payment (Scottish Adult DLA regulations, Schedule 1, Part 2, Para 11(1)).
When these checks have been completed, Social Security Scotland must decide if the appointment should continue or be terminated. If the appointment is terminated, a decision should be made as to whether it would be appropriate for someone else to act on the individual’s behalf and the usual appointee process should be followed (Scottish Adult DLA reg’s, Schedule 1, Part 2 Para 11(2)(b) and (c))
Example: DWP Appointee who has not been checked before an Adult Disability Payment application is made
Paige is cared for by her son Robin. Robin was appointed by the Department for Work and Pensions to manage Paige’s Disability Living Allowance.
Paige’s case is selected for transfer. Robin received a phone call from Social Security Scotland asking him to discuss the appointment. Social Security Scotland arrange a visit to speak with both Paige and Robin to review the appointment. The Local Delivery visits then took place nine weeks after Paige’s case is transferred.
Robin can continue to act and receive Scottish Adult Disability Living Allowance payments on Paige’s behalf until Social Security Scotland completes their visit and decides if the appointment is appropriate. Robin can also make an application for and receive payments of Adult Disability Payment on behalf of Paige until Social Security Scotland completes their visit.