Correcting a determination made in ignorance of a material fact

A case manager must carry out an unscheduled review (legally known as a determination without application) when both:

• a previous determination was made in ignorance of a material fact
• the material fact being known either:
  • may result in an alteration to the rate of PADP the individual is entitled to, or
  • is likely to mean that the individual is no longer entitled to PADP (PADP Regs, reg. 40(a))

Completing a determination without application involves correcting previous determinations in order to work out the individual’s correct entitlement to PADP. This involves both:

• consideration of all entitlement criteria, including applying the backwards test
• working out when the change in entitlement should begin

This should be approached as if making a determination for the first time with full consideration given to the relevant chapters of the DMG.