Search Legislation

Advanced Search

The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

Status:

This is the original version (as it was originally made).

Determination following error – overpayments

This section has no associated Policy Notes

38.—(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Carer Support Payment, without receiving an application, where—

(a)they have previously made a determination of the individual’s entitlement to Carer Support 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 Carer Support 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 Carer Support Payment, and

(d)the individual has not made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Minister’s determination of the individual’s entitlement to Carer Support Payment, that has not yet been determined.

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

(a)any information—

(i)provided in the application that led to the original determination, and

(ii)they have obtained in connection with that application,

(b)any other information they have obtained in connection with the individual’s entitlement to Carer Support Payment, and

(c)any other information available to them that is relevant to their consideration of whether the individual is entitled to Carer Support 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 not being made after an assumption on the basis of which an earlier determination was made has proved to be wrong.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: