Determination following error – overpayments7
1
The Scottish Ministers must make a determination of an individual’s entitlement to winter heating payment, without receiving an application, where—
a
they have previously made a determination of the individual’s entitlement to winter heating payment, and
b
they establish that, due to an error, that determination was incorrect resulting in the individual being given an award of winter heating payment to which the individual was not entitled.
2
In this regulation, references to an “error” are to—
a
an error in the performance of a function conferred by these Regulations or the 2018 Act, including a determination being made—
i
wrongly, or
ii
correctly but on the basis of—
aa
incorrect information, or
bb
an assumption which proves to be wrong, or
b
a new determination not being made after an assumption on the basis of which an earlier determination was made has proved to be wrong.