PART 7Re-consideration of entitlement to Child Disability Payment: determination without application
Determination following change of circumstances etc.I131
The Scottish Ministers must make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where the individual has an ongoing entitlement to Child Disability Payment and they become aware—
a
of a change of circumstances, whether or not notified by the individual in accordance with section 56 of the 2018 Act, F1or where the Scottish Ministers become aware that a determination of an individual’s entitlement was made in ignorance of a material fact, which would possibly result in an alteration to the component or rate of Child Disability Payment payable to the individual or which is likely to mean that the individual is no longer entitled to Child Disability Payment,
b
that the individual has died,
c
of an alteration of the component or rate of award of Disability Living Allowance which the individual was entitled to immediately before the date of transfer to Child Disability Payment in accordance with Part 3 of the schedule (transitional provisions), as a result of a decision made pursuant to—
i
a revision under regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”)53,
ii
a supersession under regulation 654 of the 1999 Regulations,
iii
an appeal under section 12 of the Social Security Act 1998 (“the 1998 Act”)55,
v
an appeal to the Upper Tribunal under section 14 of the 1998 Act57,
F3vi
a revision under article 10 of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”),
vii
a supersession under article 11 of the 1998 Order,
viii
an appeal under article 13 of the 1998 Order, or
ix
an appeal to the Commissioner under article 15 of the 1998 Order,
d
of an alteration of the rate of award of Disability Living Allowance which the individual was entitled to immediately before moving to Scotland in circumstances in which regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) applies, as a result of a decision made pursuant to—
i
a revision under regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999,
ii
a supersession under regulation 6 of those Regulations,
iii
an appeal under section 12 of the Social Security Act 1998 (“the 1998 Act”),
iv
a re-consideration under section 13 of the 1998 Act,
v
an appeal to the Upper Tribunal under section 14 of the 1998 Act,
vi
a revision under article 10 of the Social Security (Northern Ireland) Order 199858 (“the 1998 Order”),
vii
a supersession under article 11 of the 1998 Order59,
viii
an appeal under article 13 of the 1998 Order60, or
ix
an appeal to the Commissioner under article 15 of the 1998 Order61.