Adult Disability Payment Appointee and Third-Party Representative Explained

When someone cannot manage their Adult Disability Payment claim on their own — or simply wants a family member involved — Scotland's system offers two formal routes. Understanding the difference between an appointee and a third-party representative matters, because they carry very different levels of legal authority.

Third-Party Representatives

If the person applying for ADP has the mental capacity to make their own decisions but wants someone else to speak to Social Security Scotland on their behalf, they can authorise a third-party representative. This is the lighter option.

The claimant must tell Social Security Scotland that the representative can speak to them. They can do this over the phone or in writing using a third-party authorisation form. The representative can help with the application, ask about its progress, and receive copies of notifications.

The claimant remains in control. They still sign declarations, still own the claim, and can revoke the authorisation at any time. This works well when a partner, adult child, or friend handles phone calls and paperwork while the claimant makes the decisions.

One important rule: shared logins to the mygov.scot ScotAccount are not allowed. The third-party representative and the claimant must use separate accounts.

Appointees

An appointee is a much bigger step. Under section 85B of the Social Security (Scotland) Act 2018, Social Security Scotland can appoint someone to act for a person in matters connected with deciding their entitlement to assistance. A person aged 16 or over can agree to an appointment if an appropriate person certifies that they are not incapable under the Adults with Incapacity (Scotland) Act 2000, understand the appointment, have not been unduly influenced, and the proposed appointee is suitable. Social Security Scotland can also appoint someone where the person is incapable within the meaning of that Act, no guardian is acting or appointed, their estate is not being administered by a judicial factor, and no other authorised person is willing to act.

An appointee can make the application and receive information about the person's benefit. The appointment may also include receiving the benefit payments if Social Security Scotland considers that appropriate. Social Security Scotland checks the person's circumstances and the proposed appointee's suitability before making an appointment. A family relationship does not automatically make someone an appointee.

Existing legal authority can also apply. If someone already holds a power of attorney, guardianship order, or court order covering welfare or financial decisions, that authority may be recognised by Social Security Scotland without a separate appointee process.

Which Route Is Right?

The right route depends on the person's wishes and the help they need. A third-party representative supports the person while they remain responsible for their claim. A person aged 16 or over can agree to an appointee if the statutory safeguards are met; Social Security Scotland may also appoint one when the legal incapacity conditions are met and no other authorised person is willing to act.

If you are unsure, Social Security Scotland's local delivery officers can talk you through the options. You can also get independent advice from a Citizens Advice Bureau or your local authority welfare rights team.

How This Affects the Application

For third-party representatives, the process is straightforward. The claimant submits Part 1 (protecting their application date), and the representative can then help complete Part 2 and communicate with the agency.

For appointees, the appointee can submit the application and receive benefit-related information. The appointment may include receiving payments if Social Security Scotland considers that appropriate. The appointee must act in the claimant's best interests at all times.

Our ADP claim guide covers both routes in detail, including how to describe daily living needs accurately whether you are the applicant writing your own answers or a carer completing the form on someone else's behalf.

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