PART 7Re-consideration of entitlement to Child Disability Payment: determination without application

Determination following official error - underpaymentsI132

1

The Scottish Ministers are to make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where—

a

they have previously made a determination of the individual’s entitlement to Child Disability Payment (“the original determination”),

b

they establish that, due to an official error, the original determination was incorrect resulting in the individual—

i

not being given an award of Child Disability Payment, or

ii

being given a lower award than that,

to which the individual was entitled,

c

the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to the Payment, and

d

the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to Child Disability Payment.

2

In making a determination required by paragraph (1) the Scottish Ministers are to use—

a

the information—

i

provided in the application that led to the original determination,

ii

any other information they have obtained in connection with that application, F1and

b

any other information they have obtained in connection with the individual’s entitlement to Child Disability Payment.

3

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.