11.—(1) The Scottish Ministers must, without receiving an application, make a determination of an individual’s entitlement to Pension Age Winter Heating Payment where it appears to the Scottish Ministers from information available to them that the individual is likely to meet the eligibility rules in regulations 4 to 9.
(2) Paragraph (1) applies—
(a)until 1 April following the qualifying week, or
(b)on and after 1 April following the qualifying week where an individual becomes entitled to a relevant benefit in respect of the qualifying week by virtue of a decision made after that week.
12.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Winter Heating Payment without receiving an application where they—
(a)have previously made a determination of the individual’s entitlement to Pension Age Winter Heating Payment, and
(b)establish that, due to official error, that determination was incorrect resulting in the individual—
(i)not being given an award of Pension Age Winter Heating Payment, or
(ii)being given a lower award than that,
to which the individual was entitled.
(2) 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.
13.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Winter Heating Payment without receiving an application where they—
(a)have previously made a determination of the individual’s entitlement to Pension Age Winter Heating Payment, and
(b)establish that, due to an error, that determination was incorrect resulting in the individual being given—
(i)an award of Pension Age Winter Heating Payment to which the individual was not entitled, or
(ii)a higher award than that to which the individual was entitled.
(2) In this regulation, reference to an “error” is 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.