If the individual notifies about their change in circumstances within a reasonable time (for example, within 1 month) of when they could be expected to notice a change, their entitlement to the lower award starts, or their entitlement stops, on the date of the determination from the unscheduled review (CDP Reg 29(1)(b)(ii)).

For example: Edith has been receiving the higher rate of the mobility component of CDP as she is virtually unable to walk due to severe discomfort in her knee caused by juvenile rheumatoid arthritis.

Edith underwent a new treatment plan involving new medication, with the new treatment she is able to walk without severe discomfort. Edith’s parent notifies Social Security Scotland.

The case manager undertakes an unscheduled review and finds Edith is no longer entitled to the mobility component of CDP. Her entitlement to CDP stops when the case manager makes this determination.

If the individual knowingly fails to notify a change, their entitlement to the lower award starts, or their entitlement stops, on the date that they should have notified us (CDP reg 29(1)(b)).

The case manager must decide if an individual has knowingly failed to notify Social Security Scotland about the change.

An individual knowingly fails to notify Social Security Scotland about a change if they are (CDP regs, reg. 29(b)(i)):

• under a duty to inform of changes in accordance with their notice of determination
• know that their condition has changed, and
• have deliberately not told, or have delayed telling Social Security Scotland

An individual also knowingly fails to notify Social Security Scotland about a change if it is reasonable to expect them to be aware of the fact:

• a change has occurred, and
• they are required to notify the change as soon as it occurred.

In most cases, it may take a period of time after the change occurs for the individual to actually notice it. This is especially true where the change in the individual’s condition:

• is gradual
• fluctuates.

An individual cannot knowingly fail to report a change if the change is one that a person in their position cannot be reasonably expected to notice.

Case managers can set a later start date if they consider, that it would be unjust not to apply a later start date for either:

• the lower rate of either component, or
• no award to begin.

The ‘Setting a later start date to entitlement’ section below contains guidance on when it may be unjust not to fix a later date for entitlement to either:

• begin for a lower award
• cease.