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Overpayments of CSP after a client’s (carers) death
Social Security Scotland may not always be immediately informed of the death of a carer or cared for person. This could result in an overpayment.
There may be occasions when a delay in informing Social Security Scotland of a client’s death could be due to fraudulent intent. If there is any suspicion of this, the case should be passed to the Fraud team who will investigate.
An individual’s estate is liable to Scottish Ministers for any sums paid after death because this assistance was given in error.
The value of the overpayment is the difference between the assistance given and the value that should have been given if the overpayment had not happened.
Social Security (Scotland) Act 2018, s69(1)
Social Security (Scotland) Act 2018, s63(2)(a)
Social Security (Scotland) Act 2018, s63(2)(b)
Example: Social Security Scotland is notified of a client’s (carer's) death 10 weeks after it happens
Meg was receiving Carer Support Payment as Ella’s carer. Ella dies on 5 June. Social Security Scotland are not notified of Ella’s death until 14 August. The client adviser determines that Meg is not entitled to Carer Support Payment from and including 6 August, and has therefore been overpaid from the 7 August to 14 August. Normal overpayment and recovery action should be applied.
Example: Carer Support Payment is overpaid where a carer is terminally ill
Maxine is terminally ill and has been receiving Carer Support Payment. She dies on 3 July. Social Security Scotland is informed of Maxine’s death on 12 July. The client adviser inputs the date of death into SPM. This prevents any further payments or notifications being issued. The client adviser makes a determination without application that Maxine is no longer entitled to Carer Support Payment from and including 9 July. Payment has already been made to Maxine, covering the period from 9 July to 15 July. Payment was made weekly in advance due to Maxine’s terminal illness. The client adviser determines that an overpayment has occurred. They will calculate the overpayment and decide whether to recover it.