The decision-making guidance explained

The purpose of the guidance is to guide client advisers on how to apply the law on entitlement to CSP to individual cases. The law on entitlement to CSP is sometimes referred to in the decision-making guidance as ‘the rules’.

The rules come from the following pieces of legislation. These are:

• the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023
• the Social Security (Scotland) Act 2018
• the Social Security Administration and Tribunal Membership (Scotland) Act 2020
• the Social Security Information-sharing (Scotland) Regulations 2021

The guidance explains the rules and how to apply the rules to the facts of a case.

The client adviser must make a decision by applying the rules to the facts of a case and considering any supporting information if required. Decisions must be in line with the ‘principles of decision-making’ which are explained later in this chapter. 

Types of decision 

The decisions that client advisers make can be described as:

•  ‘process decisions’
•  ‘determinations of entitlement’. 

Process decisions

A process decision is a decision about whether a procedural requirement is met. The procedure will relate to:

• applying for CSP
• determining entitlement to CSP
• carrying out a re-determination for CSP
• appealing a determination of entitlement for CSP.

An example of a procedural rule is one about requests for a re-determination of a determination of entitlement to CSP. A request for a re-determination should be made within 42 days from the date the individual is informed of the determination (regulation 43 (1)).

Another procedural rule is that requests for a re-determination can be made after 42 days but only if the individual has a ‘good reason’ for not requesting a re-determination sooner and the request was made not more than one year after the individual was given notice of the determination.

(Social Security (Scotland) Act 2018, s41(4)(b)(i))

Determination of entitlement

When Social Security Scotland decide the outcome of an application for assistance or make a determination without application, this is called a determination of entitlement. If a Tribunal or Court decides what assistance an individual is entitled to, this is also called a determination of entitlement.

The determination will always include a decision about whether or not the individual satisfies the eligibility rules for CSP.