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 application Social Security Scotland cannot reject the application or any request for a re-determination or appeal on its own just because the client has died.
Example: a client (carer) dies before receiving benefit due
Carson applies for Carer Support 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 Carer Support. In the meantime, Social Security Scotland is notified that Carson died on 24 June. Bereavement client advisers identify Carson’s Executor. They instruct Social Security Scotland to process the application and make a determination on the application.
On 27 June 2026, Social Security Scotland receives supporting information showing that Carson met the eligibility criteria for Carer Support. Based on this, the client adviser determines that Carson was eligible for Carer Support from the 12 June 2026 (date of application) until 24 June 2026 (date of death). The outstanding arrears payment is made to Carson’s Executor.