Requesting that an award of Carer Support be cancelled
Clients who are entitled to Carer Support have the right to request that their Carer Support be cancelled and payments be stopped. This involves cancelling the individual’s entitlement to assistance (Social Security (Scotland) Act 2018, s26(1)). It is important to note that if a client wants to end entitlement, this would end entitlement to the whole award.
For example, a client cannot decide they do not wish to receive Scottish Carer Supplement but still receive Carer Support Payment. Scottish Carer Supplement is paid automatically if someone is receiving Carer Support Payment so if someone wanted to stop receiving Scottish Carer Supplement their whole Carer Support award would have to be cancelled.
A client does have choice about receiving Carer Additional Person Payment (CAPP) – they can choose not to apply for it in the first place, or if they are receiving the payment and believe they are no longer entitled, they can report a change of circumstances instead of ending entitlement to their whole award. For more information on changes of circumstances please see change of circumstances chapter.
A client may also withdraw an application for assistance before a determination is made (Social Security (Scotland) Act 2018, s39).
Where a carer requests that Carer Support be cancelled, the cancellation of the determination must take place at one of the following points in time:
- immediately
- at a later date, specified in the request (Social Security (Scotland) Act 2018, s26(2)).
The cancellation will take effect on the first day of the following award week. This is because Carer Support cannot be paid for part of a week.
The client adviser should explain to the individual that they cannot be given assistance after Carer Support is cancelled (Social Security (Scotland) Act 2018, s26(3)) by a determination and that this will potentially have impacts on other benefits they may be in receipt of. (For more information about related benefits please see How Carer Support affects the carer’s other benefits) It means that they would need to reapply if they wanted to receive Carer Support in the future. The client adviser should also confirm that cancellation is the correct step to take, rather than making a determination without application due to a change of circumstances. If the individual has made a valid request for cancellation, the client adviser must comply with it.
Example 1: Client requests that Carer Support be cancelled as they believe they will no longer be eligible due to starting part time work
Elizabeth is a carer and has started part-time work. They request that their Carer Support award be cancelled on 27 August because they are starting work on that date and believe they will no longer be eligible for Carer Support.
- The client adviser explains to Elizabeth that:
- the change is a change of circumstances
- their case could therefore be subject to a review rather than cancelling entitlement
- The client adviser also explains the impact of cancelling the award of Carer Support to Elizabeth to make sure they fully understand this decision. They discuss all options that are available to them. Elizabeth decides that they would like their case to be reviewed on the basis of a change in circumstances.
- The client adviser gathers supporting information and carries out a review. Elizabeth is still entitled to Carer Support as they do not earn over the earnings threshold and still fulfil the other eligibility criteria for Carer Support.
- It is determined that Elizabeth’s entitlement to Carer Support should continue and confirmed with Elizabeth that they wish to continue to receive Carer Support.
Example 2: A client entitled to Carer Support requests that it stop being paid due to receiving an inheritance
Jamie is entitled to Carer Support. On 3 April, Jamie phones Social Security Scotland to request that Carer Support stop being paid. Jamie has recently received an inheritance from their uncle and does not wish to receive financial support in the form of Carer Support.
- A client adviser discusses the impact of cancelling Carer Support with Jamie, including that this will mean their Carer Support Payment and Scottish Carer Supplement will both stop.
- The client adviser discusses all the options with Jamie before confirming that he wants to cancel the award.
- Before proceeding to the final cancellation process, the client adviser does a final check that Jamie is sure about this decision.
- Then, the client adviser explains how to make a cancellation request.
- Jamie confirms he wants Carer Support to end, it is processed and Jamie’s entitlement to Carer Support is ended from the first day of the following award week.
Example 3: Client wishes to stop receiving Scottish Carer Supplement due to concerns about impacts on other benefits
Gagandeep is entitled to Carer Support. She calls Social Security Scotland to request that they do not pay Scottish Carer Supplement as she is worried this will have an effect on the other means-tested benefits she receives.
- The client adviser lets Gagandeep know that she cannot cancel Scottish Carer Supplement without cancelling her whole award of Carer Support.
- The adviser is able to reassure Gagandeep that receiving Scottish Carer Supplement will not affect any of her means-tested benefits. Gagandeep decides not to end her entitlement to Carer Support.
Example 4: Client is no longer entitled to receive Carer Additional Person Payment
Tommy cares for his mother Jean and receives Carer Support. He also looks after Jean’s neighbour Frances for 20 hours per week and has been receiving Carer Additional Person Payment for this. Tommy phones Social Security Scotland to explain that the care of Frances as well as Jean is getting too much for him and so his sister has agreed that she will start looking after Frances instead. Tommy isn’t sure what this should mean for his Carer Support award, but he is worried about overpayments so feels it would be better to cancel his award.
- The client adviser lets Tommy know that he does not have to cancel his whole Carer Support award. If he is no longer providing the care to the additional cared-for person, he can report that as a change of circumstances. If Tommy reports the change as soon as reasonably practicable, he will stop receiving Carer Additional Person Payment from the start of the award week following the week where the new determination is made.
- Having discussed his options, Tommy agrees to a review of his award, and that he would like to continue to receive Carer Support Payment and Scottish Carer Supplement, as he is still eligible for these through caring for Jean.
Example 5: The cared-for person goes into hospital
Lin receives Carer Support for caring for her father, who receives Pension Age Disability Payment. Her father is admitted to hospital and two weeks later, transferred to a rehabilitation unit. Lin phones Social Security Scotland to cancel her Carer Support because she is not providing 35 hours of care to her father at this point.
- The client adviser explains to Lin that:
- the change is a change of circumstances
- her case could therefore be subject to a review rather than cancelling entitlement
- The client adviser also explains the impact of cancelling the award of Carer Support to make sure Lin fully understands this decision. They discuss all options that are available.
- Referring to guidance on temporary stops in entitlement, the client adviser is able to tell Lin that her entitlement to Carer Support will stop when her father’s PADP is set to £0 because of his stay in alternative accommodation. This will usually be after he has spent more than 28 days in hospital or similar institution. Lin’s Carer Support can start again without her having to make a new application, if her father leaves the rehabilitation unit and starts to receive PADP again within 26 weeks.
- However, if Lin were to cancel her award, she would need to make a new application if she wanted to start receiving Carer Support again.
- Having considered this information, Lin confirms that she does not wish for her Carer Support award to be cancelled at this point. She agrees to keep Social Security Scotland updated about her father’s circumstances so that a new determination can be made at the appropriate time.