PART 10Determination of entitlement to Adult Disability Payment without application
Determination following error – overpaymentsI150
1
The Scottish Ministers are to make a determination of an individual’s entitlement to Adult Disability Payment, without receiving an application, where—
a
they have previously made a determination of the individual’s entitlement to Adult Disability Payment (“the original determination”),
b
they establish that, due to an error, the original determination was incorrect resulting in the individual being given—
i
an award of Adult Disability Payment to which the individual was not entitled, or
ii
a higher 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 made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Ministers’ determination off the individual’s entitlement to Adult Disability Payment, that has not yet been determined.
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, and
ii
any other information they have obtained in connection with that application,
b
any other information they have obtained in connection with the individual’s entitlement to Adult Disability Payment, and
c
any other information available to them that is relevant to their consideration of whether the individual is entitled to Adult Disability Payment.
3
In this regulation references to an “error” are to—
a
an error in the performance of a function conferred by these Regulations or the 2018 Act, including a determination being made—
i
wrongly, or
ii
correctly but on the basis of—
aa
incorrect information, or
bb
an assumption which proves to be wrong, or
b
a new determination having not been made after an assumption on the basis of which an earlier determination was made has proven to be wrong.