Death arrears

Someone may die with an outstanding payment due to them. This is most likely to happen where the person has made a new application, or when Social Security Scotland are processing a client’s change of circumstances and have not yet made a determination. 

If Social Security Scotland determine that an individual was, or would have been, entitled to Carer Support Payment in the period before they died, arrears may be due. Social Security Scotland must make enquiries to establish if there is an Executor to whom they can pay any arrears. 

Establishing Executor or Appointee details for a client (carer) who has died

Social Security Scotland should enquire with the Sheriff Court to confirm who has been appointed as Executor.

This could be an existing Executor or an Executor-dative (a court-appointed Executor). For clarity, this document will refer to both as Executors.

If Social Security Scotland make contact with someone who says they are the Executor for the deceased client, that person should have a document called a Grant of Confirmation. This is the legal document issued by the Sheriff Court which gives the Executor legal authority to act. Without the Grant of Confirmation, the Executor has no legal authority to handle or deal with the deceased’s estate.

The person named as Next of Kin on the death certificate will not necessarily be the Executor or Appointee.

Where there is no named Executor, and no steps are being taken to begin this process, Social Security Scotland must appoint an appointee.

How does Social Security Scotland decide who to appoint or pay?

In circumstances where there is no Executor, Social Security Scotland should put an Appointee in place to act on behalf of the individual entitled to Carer Support Payment. Appointees are able to receive payments on behalf of the Carer Support Payment client, and can exercise dispute rights if a client passes away within the dispute period for a recent determination.

Social Security Scotland should make contact with known relatives of the deceased to establish an appointee, using details provided in the client's application, e.g. next of kin. 

Appointees are able to receive payments on behalf of the Carer Support Payment client. It is assumed that the Appointee will place the funds with the deceased’s estate. 

Appointees are not allowed in all circumstances. For example, they cannot be appointed in connection with entitlement to Carer’s Allowance Supplement (CAS).

The only legal requirement regarding appointment for a deceased client (carer) is that there is no Executor already appointed on the individual’s estate. Assessing an individual as an Appointee for a deceased client is not an issue in the way it would be with a living client. This is because there are no human rights and safeguarding elements at risk.

A living client could be open to:

• financial exploitation
• coercion
• other abuse