When the change in entitlement should begin if the individual meets the criteria for a lower or no award
If the individual notifies about their change in circumstances 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.
Example
Edith has been receiving the lower rate of PADP due to osteoarthritis in her right shoulder. She has an operation on the shoulder, and after her recovery from the operation goes well, she notices she is able to do much more for herself than she could before. She notifies Social Security Scotland.
The case manager undertakes an unscheduled review and finds Edith is no longer entitled to PADP. Her entitlement to PADP 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.
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 (PADP regs, reg. 38(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 award, or
- no award to begin.
The section below contains guidance on when it may be unjust not to consider a later date for entitlement to either:
- begin for a lower award
- cease.