Rejecting an application

If an individual applies for Carer Support, they must:

• Use the application form that the Scottish Ministers specify
• Provide any evidence or documents that Scottish Ministers ask for (Social Security (Scotland) Act 2018, section 38(1))

 Social Security Scotland may reject an application because an individual has not made an application in the form that is set out by Social Security Scotland.

Rejecting an application is not the same as a determination that an individual is not entitled to assistance. An application is rejected before the eligibility criteria have been considered.  For example, if the Agency receives a valid application from a client and asks them to provide supporting information, but the client does not send this within the deadline stated in the Supporting Information Request letters, then the Agency should make a decision based on available information. This may be include that the client does not meet the eligibility criteria and is not entitled to Carer Support Payment.

If the Agency receives something that isn’t a valid application, they must:

• Tell the individual that their application was rejected
• Explain why it was rejected
• Inform them of their right to appeal the decision. (Social Security (Scotland) Act 2018, section 38(1))

For example, where a carer has completed a Carer’s Allowance application form instead of a Carer Support Payment application form and we have been unable to contact them to make a declaration, Social Security Scotland should reject the application.

  If an application is rejected, the client adviser must inform the individual of the decision to reject their application, and:

• explain the reason for the decision
• state the individual’s right to appeal the rejection  

 An individual cannot request a re-determination. This is because a client adviser does not make a determination when rejecting an application.

If Social Security Scotland reject an application, the individual can appeal the decision. They have 31 days to appeal to the First-Tier Tribunal for Scotland. (Social Security (Scotland) Act 2018, section 61(2)(a)) This starts from the date that Social Security Scotland informed them of the decision. (Social Security (Scotland) Act 2018, section 61(2)(a))