Determination following official error – overpaymentsI17
1
The Scottish Ministers must make a determination of an individual's entitlement to winter heating assistance without receiving an application where—
a
they have previously made a determination of the individual's entitlement to winter heating assistance, and
b
they establish that, due to official error, that determination was incorrect resulting in the individual being given an award of winter heating assistance to which they were not entitled.
2
In this regulation, “official error” means an error made by the Scottish Ministers or a Minister of the Crown that was—
a
not materially contributed to by anyone else, or
b
made on the basis of—
i
incorrect information, or
ii
an assumption which proves to be wrong.