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The Disability Assistance for Children and Young People (Scotland) Regulations 2021

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This is the original version (as it was originally made).

Determination following error - overpayments

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33.—(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 error, the original determination was incorrect resulting in the individual being given—

(i)an award of Child 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 of the individual’s entitlement to Child 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 Child Disability Payment, and

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

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