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.