Individual’s responsibility to report changes

If the case manager does make an indefinite award, the individual is still under a duty to report a change in their circumstances. This includes situations where the individual:

• has an unexpected improvement in the their condition
• moves away permanently from Scotland
• stays temporarily outside of Scotland
• goes into hospital
• moves in to residential accommodation, such as a care home
• is placed in legal detention.

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

• be overpaid Adult Disability Payment
• be committing a criminal offence.

This is the case 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. [LINK TO 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. This will remind the individual to report a change of circumstances.