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Arrears of Scottish Adult DLA due to the individual after death
Sometimes an individual may die without having received all benefits due. This is most likely to happen where an individual is waiting for a change of circumstances to be processed and a determination has not yet been made.
In such a situation, if it is determined that an individual was (or would have been) entitled to benefit in the period before they died, there may be arrears due. Social Security Scotland must make enquiries to establish if there is an Executor of the individual’s estate.
Where there is no Executor, the process is to identify an appropriate appointee for the deceased under the terms of the Social Security (Scotland) Act 2018 (SS Act 2018, s85B(6), S85B(3)(b)). Further detailed guidance can be found in the Client Representatives Guidance Part 5.3: Executors and appointees for the deceased (Client Representatives Guidance Part 5.3: Executors and appointees for the deceased), under the heading ‘making appointments for the deceased’.
Example: Individual dies before receiving benefit due
Caroline is in receipt of Scottish Adult DLA under the Special Rules for Terminal Illness. Social Security Scotland is notified on 21 July that Caroline died on 19 July.
On the same day, 21 July, information from Caroline’s GP is received. On 22 July the case manager determines that on the basis of this information, Caroline was entitled to the highest rate of the care component for Scottish Adult DLA from 25 June (the date of her last payment) until 19 July (the date she died).
There are therefore arrears of benefit and enquiries are made to confirm who should receive these arrears on Caroline’s behalf. As previously stated, this will be either an Executor (who may be a solicitor or family member), or an appointee for the deceased where the individual does not have an Executor.