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If the decrease should have been reported sooner
It is possible that a scheduled review reveals a change in the individual’s level of needs, resulting in a decrease of entitlement, which they should have reported sooner. To find out whether that is the case, refer to the Change of Circumstances: Change in care needs chapter.
If the individual either
- knowingly fails to report the change
- fails to report the change as soon as reasonably practicable after the change occurred,
the case manager would set the date of either:
- change
- end
of entitlement to the date the individual should have notified the change (PADP regs, reg. 38(1)(b)(i))
In all other cases, the decrease or end of, entitlement should take effect when the case manager makes the determination.
The case manager should use the timeframes set out in the Change of circumstances: change in care needs chapter to establish whether the individual could reasonably have been expected to report this change sooner. This is to establish when the individual’s change of entitlement begins.
Example: A client reports their decrease in needs late
An individual is in receipt of a higher rate award of PADP. During their scheduled review, they report a decrease in their night-time needs which they could have been reasonably expected to report on 1 October 2025.
Their change in needs becomes apparent during their scheduled review, when they return their review pack to Agency on 1 January 2026.
The determination is made on 1 March 2026.
The client should have reported the change shortly after 1 October 2025. The case manager sets the start date for their reduced entitled to this date.
If the individual should have reported their change sooner, but informs the case manager of circumstances which meant they could not report the change sooner, the case manager can set a later start date for the change in entitlement, if it would be unjust not to do so. See the ‘Setting an later start date if it would be unjust not to do so’ section for more information.