PART 10Determination of entitlement to Adult Disability Payment without application
Determination following official error – underpayments49
1
The Scottish Ministers are to make a determination of an individual’s entitlement to Adult Disability Payment, without receiving an application, where—
a
they have previously made a determination of the individual’s entitlement to Adult Disability Payment (“the original determination”),
b
they establish that, due to an official error, the original determination was incorrect resulting in the individual—
i
not being given an award of Adult Disability Payment, or
ii
being given a lower award than that,
to which the individual was entitled,
c
the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to the Payment, and
d
the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to Adult Disability Payment.
2
In making a determination required by paragraph (1) the Scottish Ministers are to use—
a
the information—
i
provided in the application that led to the original determination,
ii
any other information they have obtained in connection with that application, and
b
any other information they have obtained in connection with the individual’s entitlement to Adult Disability Payment.
3
In this regulation, “official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone else.