Determination following backdated award of assistance

8.  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.