When change in entitlement begins

The change in entitlement begins on the date the previous determination took effect (PADP Regs, reg. 38(1)(c)) where all of the following apply:

• the original determination contains an error (including an official error)
• the individual is now entitled to a lower (or no) award as result of the new determination
• the individual has been overpaid as a result of the previous determination.

Case managers may choose a later date for the change in entitlement to take effect from if (in all the circumstances) it would be unjust not to do so (PADP Regs, reg. 38(2)).