Determination following backdated award of assistance8

The Scottish Ministers must make a determination of an individual’s entitlement to child winter heating assistance without receiving an application where—

a

a determination has previously been made that the individual is not entitled to child winter heating assistance, and

b

the Scottish Ministers establish that—

i

following an appeal, an award of the highest rate of the care component of Disability Living Allowance is made that is a backdated award, and

ii

had that award been made before the original determination, a determination that the individual is entitled to child winter heating assistance would have been made instead.