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Setting a later start date if it would be unjust not to do so
When completing the change of circumstances form as part of their review pack, clients might tell us that they have circumstances which meant they could not report their change sooner or give a reason why they think a reduction in their award should happen from a later date.
The case manager can set a later start date (than the date they should have notified us) if the entitlement has decreased or ended following the determination. This is only possible if it would be unjust not to do so (PADP regs, reg. 38(2)). One example would be where the individual’s condition has improved slowly and the decrease in needs was therefore not noticed for a while, however they should still have reported it before they reached scheduled review.
The case manager must refer to the relevant DMG chapter when deciding whether setting a later start date would be appropriate.
If a case manager is uncertain about whether it would be unjust to not set a later date for a change of entitlement, they should seek advice from their decision team manager.
Example – a client has reported circumstances which meant they were unable to report the change earlier
A client experiences a decrease in needs on 1 July 2025.
Their change in needs becomes apparent during their scheduled review, when they return their review pack to Agency on 1 January 2026, shortly after receiving it.
The determination for their scheduled review is made on 1 March 2026.
After submitting their review form, the client calls Social Security Scotland and explains that they did not report their change when it occurred, because they had a bereavement in the family around the same time. The case manager establishes that the client could have been reasonably expected to notice and report their change at the beginning of September 2025. The case manager therefore sets September 2025 as the effective date of determination.
Example: a client requests a redetermination
A client experiences a decrease in needs on 1 July 2025.
Their change in needs is reported during their scheduled review, when they return their review pack to Agency on 1 January 2026, shortly after receiving it.
The determination for their scheduled review is made on 1 March 2026. The case manager sets 1 July 2025 as the start date for the new entitlement.
The client requests a redetermination. Their social worker contacts the Agency to explain that the client leads a chaotic life and, due to their circumstances, could not reasonably have been expected to notice the change in their needs. They also explain that they had to remind the client to submit their review form before the deadline.
The case manager processing the redetermination establishes that the client could not have been reasonably expected to notice and report their change before the date they did report it (1 July 2025).
The case manager sets the start date for the new entitlement to 1 March 2026, which is the date the original review determination was made.
Example: a client has circumstances which meant they could not report one of their changes sooner
A client experiences a decrease in needs on 1 July 2025 as well as on 1 December 2025.
Their changes in needs become apparent during their scheduled review, when they return their review pack to Agency on 1 February 2026, shortly after receiving it.
The determination for their scheduled review is made on 1 April 2026.
On their review form, the client informs Social Security Scotland and explains that they did not report their second change when it occurred, because they were in hospital with a broken leg. The case manager establishes that the client could have been reasonably expected to notice and report this change by mid-January 2026.
The case manager establishes that they will have to make two separate determinations to account for the different dates the changes will come into effect.
For the first decrease in award there is nothing to suggest that they were not able to report this change around the time it happened. This means this change should come into effect on 1 July.
For the second change, 15 January 2026 is set as the effective date for this decrease in award as this is the date the client could have been reasonably expected to notice and report the change.