Client (carer) dies before a determination of entitlement is made
There may be circumstances where a client dies after submitting an application, and the determination of entitlement is pending. In this situation, Social Security Scotland has a duty to determine entitlement.
The client’s Executor can instruct the Agency to withdraw or progress the application. If there is no Executor, Social Security Scotland can appoint an Appointee to act on behalf of the deceased client. This may include making an initial application, re-determination or appeal.
The Social Security (Scotland) Act 2018 section 37 creates a duty to determine valid applications for assistance, and this includes where the client has died after they have submitted the claim. There is no basis for Social Security Scotland to unilaterally withdraw that claim or any outstanding request for re-determination or appeal.
Example: a client (carer) dies before receiving benefit due
Carson applies for Carer Support Payment on 12 June. The client adviser is unable to reach a determination immediately and seeks information to confirm that Carson meets all of the eligibility criteria for CSP. In the meantime, Social Security Scotland is notified that Carson died on 24 June. Social Security Scotland enquire with the Sheriff Court to confirm who has been appointed Carson’s Executor. The Executor instructs Social Security Scotland to progress the application to its conclusion.
On 27 June, Social Security Scotland receives supporting information showing that Carson met the eligibility criteria for CSP. Based on this, the client adviser determines that Carson was eligible for Carer Support Payment from the 12 June (date of application) until 24 June (date of death). The outstanding arrears payment is made to Carson’s Executor.