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Requesting that an award of CSP be cancelled
Individuals who are entitled to CSP have the right to request that CSP stop being paid. This involves cancelling the individual’s entitlement to assistance (Social Security (Scotland) Act 2018, s26(1)).
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 2012, s26(2)(a) and Social Security (Scotland) Act 2012, s26(2)(b))
The client advisor should explain to the individual that they cannot be given assistance after CSP is cancelled and that this will potentially have impacts on other benefits they may be in receipt of (Social Security (Scotland) Act 2018, s26(3)).
The client advisor 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 advisor must comply with it.
Example: an individual requests that CSP is cancelled
Elizabeth is a carer and has started part-time work. They request that their CSP award is cancelled on 27 August because they are starting work on that date and believes they will no longer be eligible for CSP.
The client advisor 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 advisor also explains the impact of stopping payment of CSP with 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 advisor gathers supporting information and carries out a review. Elizabeth is still entitled to CSP as they do not earn over the earnings threshold and still fulfils the other eligibility criteria for CSP. It is determined that Elizabeth’s entitlement to CSP should continue and confirmed with Elizabeth that they wish to continue to receive CSP.
Example: an individual entitled to CSP requests that it stop being paid
Jamie is entitled to CSP. On 3 April, Jamie phones Social Security Scotland to request that CSP stop being paid. Jamie has recently received a large donation from their uncle and does not wish to receive financial support in the form of CSP.
A client advisor discusses the impact of cancelling CSP with Jamie. The client advisor discusses all the options with Jamie before confirming that he wants to cancel the award. Before proceeding to the final cancellation process, the client advisor does a final check that Jamie is sure about this decision. Then, the client advisor explains how to make a cancellation request. Once the request has been received, it is processed and Jamie’s entitlement to CSP is withdrawn.