“Applicants applying under the access to funds scheme are reminded that applications in which an incapable adult’s income consists solely of Department of Work and Pensions (DWP) benefits, is likely to be returned.

This is because the least restrictive option, as per of the Adults with Incapacity (Scotland) Act 2000 is to manage an incapable adult’s funds through DWP appointeeship. Sections 1(2) and 1(3) of the the Act provide further guidance to support this.

However, in those circumstances where there is income over and above DWP benefits, such as the individual being in receipt of:

• a private pension,
• savings above the lower capital limit, or
• a lump sum required to pay accrued expenses or debts,

an access to funds application can be completed, if required. This applies to all applicants wishing to make an application to access the adults funds.”

More on this can be found here.”