Appointees
Where an appointee has already been accepted by the Department for Work and Pensions to receive Carer’s Allowance on behalf of the transferring individual, the appointee is to be treated on or after the transfer date as though they act on behalf of the individual claiming Carer Support Payment.
When someone makes a new and successful Carer Support Payment application, the award cannot be paid to a person as an appointee until Social Security Scotland checks that they can act as an appointee.
However, where an individual’s initial Carer Support Payment determination resulted from the case transfer process, the Department for Work and Pensions appointee can continue to act for the individual in the Scottish system until these further checks are carried out (Schedule 1, Part 2, regulation 8(1)).
These checks need to be completed as soon as reasonably practicable. However, until then the appointee can continue to act on the individual’s behalf, including receiving their payments of Carer Support Payment. (Schedule 1, Part 2, regulation 8(2)).
Further checks on the Department for Work and Pensions appointee are not needed if they have already been confirmed as an appropriate appointee for the same individual for a different Scottish benefit (Schedule 1, Part 2, regulation 8(3)).
When these checks have been completed, Social Security Scotland must decide if the appointment should continue or be terminated. If the appointment is terminated, a decision should be made as to whether it would be appropriate for someone else to act on the individual’s behalf and the usual appointee process should be followed (Schedule 1, Part 2, regulation 8(2)).
Example 1: Appointees for transfer cases
Lucy is cared for by her sister Heather. Heather was appointed by the Department for Work and Pensions to maintain Lucy’s Carer’s Allowance.
Lucy’s case is selected for transfer. Heather received a letter from Social Security Scotland asking her to get in touch to discuss the appointment. Social Security Scotland decide they would like to conduct a visit to speak with both Lucy and Heather. The first time the three can meet at the same time is six weeks after Lucy’s case is transferred.
Heather can continue to act and receive Carer Support Payment payments on Lucy’s behalf until Social Security Scotland completes their visit and decides if the appointment is appropriate.
Example 2: An appointee has already been confirmed by Social Security Scotland as part of a different Scottish benefit
Paul receives Carer’s Allowance to care for his wife, Angela, who receives Adult Disability Payment. Paul also receives Adult Disability Payment, but needs Angela to manage his finances. Angela is Paul’s appointee and this was confirmed by Social Security Scotland when Paul’s applied for Adult Disability Payment. As Angela has already been confirmed as an appropriate appointee for Paul, Social Security Scotland do not need to do a further check of this on transfer.