Individual’s responsibility to report changes

Despite the length of any review period, or if an indefinite award is made, the individual is still under a duty to report a change in their circumstances to Social Security Scotland. This includes situations where the individual:

• experiences an unexpected improvement in their condition
• moves away permanently from Scotland
• stays temporarily outside of Scotland
• goes into alternative accommodation, such as a hospital, care home, residential educational establishment or legal detention.

If the individual fails to notify a change of circumstances that would affect the level of ADP that they are entitled to, the individual may:

• be overpaid Adult Disability Payment

• be committing a criminal offence

The individual is committing a criminal offence if the individual both:

• does not have a reasonable excuse for not doing so

• knew or ought to have known that a change might result in them not being entitled to assistance or becoming entitled to less assistance

[Read the chapter on Overpayments / Fraud].

The individual will also continue to receive communications from Social Security Scotland, including a yearly letter with the new benefit rates (annual uprating notification). This will remind the individual to report a change of circumstances before their scheduled review takes place, or if a change has taken place while they have an indefinite award.