Reasons why a cared for person may dispute an award

There are a number of reasons why a cared for person may contact us on receiving a notification or may wish to dispute an application or award. These include the following:

• Impact on cared for person’s benefits if Carer Support Payment was to be awarded. See section Impact on a cared for Person’s Benefits
• Another carer is receiving a carer benefit for providing care to the same cared for person.
• The carer is not providing at least 35 hours of care for Carer Support Payment or at least 20 hours of care for Carer Additional Person Payment.

Impact on the cared for person’s benefits

Carer Additional Person Payment does not impact any other benefits that the cared for person may be receiving. Only Carer Support Payment can affect other benefits a cared for person may be receiving.     

The notification to the cared for person will tell the cared for person that the Carer Support Payment award may affect their benefits, in particular if they are receiving a Severe Disability Premium (SDP). A cared for person may contact Social Security Scotland to stop or dispute a carer’s application or award for Carer Support Payment, because they are concerned about the impact on their benefits.

Where a cared for person is concerned about the impact on their benefits we can signpost them to organisations who may be able to provide advice and support on how their benefits are likely to be affected.

If a cared for person agrees that the carer is providing at least 35 hours of care per week but disputes a Carer Support Payment application or award because they are worried about the impacts on their benefits, we cannot deny or end the award. This is because we have a statutory duty to award payment to people entitled to the benefit.

We can still continue to process the Carer Support Payment application and/or pay the benefit if the cared for person has not provided information which suggests the carer does not meet the eligibility criteria.

“The Scottish Ministers must give an individual whatever assistance…the individual is entitled to be given under a determination of the individual’s entitlement to assistance.” (The Social Security (Scotland) Act 2018 - Regulation 24)

This means that we have a duty to pay carers what they are entitled to.

Severe Disability Premium

When a carer is awarded Carer Support Payment, the cared for person will automatically stop getting any Severe Disability Premium (SDP) they might be receiving in their other benefits.

A Severe Disability Premium is an extra amount paid in the following means-tested benefits:

• Income Support (IS)
• income-based Jobseeker’s Allowance (JSA)
• income-related Employment and Support Allowance (ESA)
• Pension Credit (PC)

A person can be awarded a Severe Disability Premium if they are receiving

• a qualifying disability benefit,
• live alone, or are treated as living alone,
• and where no one receives Carer’s Allowance, Carer Support Payment or a Universal Credit Carer Element for the caring for them.

A Severe Disability Premium also forms part of the calculation for Housing Benefit (HB) and Council Tax Reduction (CTR) so the removal of this in a cared for person’s benefits may affect the amount of support they receive in these benefits.

(See Housing Benefit section)

(See Council Tax Reduction section)

The reason that a Severe Disability Premium is not paid to a cared for person when their carer is receiving Carer Support Payment, Carer’s Allowance or the Universal Credit Carer Element is that the premium is paid to a person to cover the costs of any care they may need to pay for themselves due to their disability.

Carer’s Allowance, Carer Support Payment and Universal Credit Carer Element are paid directly to a carer instead because they are providing care. Paying both a Severe Disability Premium and one of these carer benefits would be a double payment for the care needed.

Client advisors can explain why the cared for person would lose their Severe Disability Premium and explain the purpose of Carer Support Payment. The cared for person can check if their Severe Disability Premium will stop by contacting whoever pays this premium. This is usually The Department for Work and Pensions, their local council or the Pension Service Helpline. Advisors should also encourage the cared for person or their appointee to seek independent advice. The cared for person could get advice from Citizens Advice Bureau or from their local council about this and any other support they could get. [See Support Services for Carers guidance].

If it is later found that the carer was not entitled to Carer Support Payment, the cared for person can inform whoever paid their Severe Disability Premium previously that the carer’s Carer Support Payment is no longer in payment. Their Severe Disability Premium may be backdated to cover the period where Carer Support Payment should not have been in payment. The cared for person should contact whoever pays their Severe Disability Premium for further information and guidance. They may also wish to seek independent advice and assistance from Citizens Advice Bureau. [See Support Services for Carers DMG]  
 

Housing Benefit

Housing Benefit helps people on low incomes who pay rent. Local authorities manage and pay Housing Benefit. The cared for person can contact their local council to find out how a carer’s Carer Support Payment claim may affect their Housing Benefit.

Council Tax Reduction

Council Tax Reduction is a benefit that helps people on low incomes with the cost of paying their council tax bill. It reduces the amount of their council tax bill if they (and their partner or another adult that lives with them) have a low income. They would need to apply to their local council to get it. If the cared for person is concerned about how their Council Tax Reduction would be affected by a carer’s claim for Carer Support Payment, they would need to contact their local council.

There is another carer for the cared for person getting Carer Support Payment, Carer’s Allowance, or Universal Credit Carer Element

Only one carer can get Carer Support Payment, Carer’s Allowance or Universal Credit Carer Element for providing care to a cared for person (The Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 - Regulation 5(3)). A cared for person may contact Social Security Scotland to dispute an application for Carer Support Payment because there is already another carer getting either Carer Support Payment, Carer’s Allowance or Universal Credit Carer Element for caring for them.

Situations where more than one person has applied for a carer benefit for care of the same person are sometimes known as ‘rival carer’ situations. We would need to follow the ‘rival carers’ process to determine which carer should receive support. Any information provided, or dispute raised by the cared for person can be considered as part of this ‘rival carer’ process. See Multiple applications for the same cared for person (sometimes known as ‘rival carers’).

There is another carer getting Carer Additional Person Payment

Only one carer can receive Carer Additional Person Payment for a cared for person. We will be able to check information on our systems to find out if another carer is already receiving Carer Additional Person Payment for the same cared for person. If someone is already getting Carer Additional Person Payment, we will need to carry out a ‘rival carer’ process (The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, Regulation 24A) to determine which carer should receive support. Any information provided, or dispute raised by the cared for person can be considered as part of this ‘rival carer’ process. [Multiple applications for the same cared for person (sometimes known as ‘rival carers’]

Cared for person reports care is not being provided because of a temporary break in care

A cared for person may contact Social Security Scotland to tell us that the carer is not providing:

• at least 35 hours of care a week for Carer Support Payment or
• at least 20 hours a week for Carer Additional Person Payment.

In these circumstances we would need to check with the cared for person and the carer if this was due to a temporary break in caring. There are different rules which apply where the temporary break in care begins before 15 March 2026 or before the 15 March 2026. See Temporary breaks in care.

We can continue to pay Carer Support Payment and/or the Carer Additional Person Payment component of Carer Support to carers for some periods where they are not providing care. As long as the carer has only temporarily stopped providing care for the relevant cared for person and they haven’t exceeded the number of temporary breaks in care that they are permitted for that period. Scottish Carer Supplement will be paid automatically of Carer Support Payment component is paid. 

To find out whether the carer has only temporarily stopped providing care, client advisors should check with the cared for person:

• when did the carer stop providing care for the required number of hours  per week?
• is this a temporary break in care?
• if they know, what was the reason for the temporary break in care?
• if they know, when will the carer start providing the required number of hours of care to them again?
• if they would be happy for us to contact the carer to check with them about the temporary break in care?

If we confirm that the carer is not providing care because of a temporary break, the carer may be able to continue getting Carer Support. The client advisor should explain to the cared for person that the carer can continue getting Carer Support as long as the carer has only temporarily stopped providing care for the cared for person and they haven’t exceeded the number of temporary breaks they are permitted for that period. See Temporary breaks in care.

Cared for person reports care is not being provided but it is not a temporary break in care

A cared for person may tell us that the carer is not providing at least 35 hours of care a week for Carer Support Payment or at least 20 hours of care a week for Carer Additional Payment and that this is not because of a temporary break in care. Client advisors should check what they mean by this and that it is clear to the cared for person the kinds of things that are considered to be care, to make sure that there is no misunderstanding about this. (See Regular and Substantial care section above)

Client advisors should check with the cared for person when the carer stopped providing the required number of caring hours.  

Client advisors should explain to the cared for person that we will investigate the information they have provided, however that they will not be notified of the outcome decision. We should not share any information about the Carer Support award with the cared for person. 

The cared for person may remain concerned that the award is still in payment if it is decided that the carer is still entitled to receive the and the cared for person becomes aware of this. There is no review or challenge process in place specifically for this. They would remain able to contact us to dispute the award again in future and this could be considered.

The client advisor should contact the carer (or their appointee) by phone to tell them that we have received information that they are not/they are no longer providing the required number of hours of care per week to the person named on their Carer Support Payment or Carer Additional Person Payment  application/award. We should not tell the carer who has raised the dispute. If the cared for person raises any concerns about what may happen if or when we contact the carer, Social Security Scotland’s safeguarding team should be notified.

If the client disagrees and maintains that they are providing care, they may provide information to confirm that they are providing care or to challenge the dispute. If this is the case, then we can allow 14 days for them to provide further information. This process would remain the case unless a safeguarding concern was raised – in which case the award can be ended without contacting the client (See ‘Ending an award in care dispute situations where safeguarding concerns have been raised’ below).

Evidence which the client could provide to prove care is being provided could include things like:

• whether the client has a carer support plan from the local authority confirming their caring for the cared for person
• written statements from social workers or other professionals regarding their knowledge of care arrangements between the client and the cared for person
• evidence that the client manages the cared for person’s finances

There may be situations where the dispute is a misunderstanding or disagreement, a discussion between the carer and cared for person may resolve the situation and result in the cared for person withdrawing the dispute but we should not tell the carer that it is the cared for person who has raised the dispute. 

If, when the client advisor contacts the carer and it is not possible to reach the client by phone we would need to write to them. We would need to inform them that we’ve received information that they are not/they are no longer providing the required hours of care per week to the person named on their  application/award, and that we would need to stop payments if we don’t hear from them in 14 days.

If the carer contacts us during the 14 days and provides some information, but further information is needed, or the information provided is incomplete, further time can be allowed for more information to be provided.

If there is no information provided after 14 days and no contact from the cared for person to withdraw the dispute, the Carer Support Payment or relevant Carer Additional Person Payment award should be ended. The client would get a letter telling them if their award was ended and they would have the right to request a re-determination, followed by an appeal. To note: we would not stop a Carer Support Payment award where the dispute relates only to a Carer Additional Person Payment award.

Client advisors should seek advice from their line manager and Fraud Champion on whether to refer the case to Fraud for investigation.