When an individual notifies Social Security Scotland more than 13 weeks after the move

Any payment to the individual for a day after 13 weeks of the move is treated as an overpayment (PADP Regs, reg. 45(5)). This means that the case manager should apply the rules in the ‘When a change in entitlement should begin if the individual was overpaid’ section of the chapter ‘When a previous determination is based on an error’. The Payment Errors chapter contains guidance on what to do if an individual has been overpaid.

These rules require the case manager to make an unscheduled review. The change in entitlement following the determination without application begins on the date when the earlier determination of entitlement took effect. The unscheduled review should determine that the individual’s entitlement to assistance stopped 13 weeks after the date when the individual became resident in another part of the UK.