When change in entitlement begins
The change in entitlement begins on the date the previous determination took effect (PADP Regs, reg. 37(1)(c)) where all of the following apply:
- the original determination involved making an official error
- the individual is now entitled to a higher award as a result of the new determination
- the individual has been underpaid as a result
If the individual has been overpaid as a result of an official error, see ‘Error that leads to an overpayment’.
Case managers may choose an earlier date for the new determination to take effect from if (in all the circumstances) it would be unjust not to do so (PADP Regs, reg. 37(2)).
Example: Previous determination was incorrect due to an official error
Bruce has bronchiectasis. He needs oxygen throughout the day. He makes an application for PADP on 5 April. Social Security Scotland makes a determination on 10 April that no award is due, on the basis that he does not meet the eligibility criteria.
On 10 June that year, Bruce makes another application for PADP. It states he has had the same needs for the past year. The case manager notices that there was a similar, unsuccessful application recently and looks at the documents.
The previous case manager had not taken into account that Bruce:
- was extremely fatigued and breathless at rest, requiring oxygen 24 hours a day
- required frequent attention and continual supervision during the day with getting to and from the toilet, washing and dressing, eating and drinking, getting in and out of bed
This means Bruce needs frequent attention throughout the day in connection with his bodily functions and continual supervision throughout the day in order to avoid substantial danger to himself or others.
The case manager:
- decides that the earlier determination was incorrect
- decides that Bruce should have been awarded the lower rate of PADP
- makes a determination without application to correct the error.
This was an official error as the determination was procedurally made correctly, but it came to light that not all of the information that Bruce supplied was taken into account. This has caused an underpayment of PADP. The new determination awards the lower rate of PADP. The change in entitlement begins on the date that the original determination took effect.
Where an individual was awarded a lower rate award when they should be entitled to a higher rate award, they will be paid the difference between any PADP already paid under the original determination and any PADP due under the new determination (if both determinations relate to the same period of time) (PADP Regs, reg. 37(4)).