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Child Disability Payment decision making guide

Official error leading to an underpayment

Official error is a type of error.

An official error is defined as:

  • an error made by Social Security Scotland or DWP
  • to which no one else materially contributed (CDP Regs, reg. 32(3))

If the individual or anyone else is at least partly responsible for the error, then the error is not an ‘official error’.

An official error creating an underpayment results from a determination of entitlement to CDP which either:

  • does not award either component or both components of CDP to an individual to which they are entitled (CDP Regs, reg. 32(1)(b)(i))
  • a lower rate of CDP than they are entitled to (CDP Regs, reg. 32(1)(b)(ii)).

Examples of official error include:

  • a court or tribunal ruling that Social Security Scotland has consistently misapplied the way that the eligibility criteria applies to people with a specific care or mobility need
  • an IT issue within DWP or Social Security Scotland that causes an individual to be underpaid or overpaid
  • Social Security Scotland mistakenly determines an application for CDP against historic eligibility criteria rather than current criteria
  • misapplying the correct age, residence and presence, backwards and forwards eligibility criteria to the facts of the case
  • determining that an individual is either entitled or not entitled in the face of obvious, contradictory supporting information
  • making a determination that is so unreasonable, no reasonable person could have made the same determination (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).

This list is not exhaustive.

If information becomes available that, had it been available at the time of the original determination, would have resulted in the Case Manager making a different determination, this would not be considered an official error but could be considered ignorance of a material fact.

Correcting an official error that causes an underpayment

A case manager must conduct an unscheduled review (legally known as a determination without application) to correct an official error that results in an underpayment (CDP Regs, reg. 32(1)).

Before correcting an error, case managers must make sure that there has not been any of the following:

  • • request for a re-determination (1 CDP Regs, reg. 32(1)(c))
  • • request for an appeal (CDP Regs, reg. 32(1)(d))

The case manager should contact the appropriate team to establish this:

  • re-determinations team
  • appeals team
  • fraud team.

If the re-determination or appeal has been requested, but not yet been determined, then the case manager cannot make a determination without application.

Completing a determination without application involves correcting previous errors in order to work out the individual’s correct entitlement to CDP. This involves:

  • considering all the entitlement criteria, including applying the backwards and forwards test. The chapter on Backwards and Forwards Test explains the tests in more detail
  • working out when the change in entitlement should begin.

The case manager may use any or all of the following when making completing the determination without application:

  • information provided in the application that led to the original determination (CDP Regs, reg. 32(2)(a)(i))
  • any other information obtained with that application (CDP Regs, reg. 32(2)(a)(ii))
  • any other information that they have obtained in connection with the individual’s entitlement to CDP (CDP Regs, reg. 32(2)(b)).

When change in entitlement begins

The change in entitlement begins on the date the previous determination took effect (CDP Regs, reg. 28(1)(c)) where all of the following apply:

• the original determination involved making an official error

• the individual is now entitled to a higher award as a result of the new determination

• the individual has been underpaid as a result.

Case managers may choose an earlier date for the new determination to take effect from if (in all the circumstances) it would be unjust not to do so (CDP Regs, reg. 28(2)).

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