Information received from Department for Work and Pensions

An assumption (Scottish Adult DLA Regs, Schedule 1, Part 2, Para 7(6)) can be made that the transferring individual’s circumstances are at the point of transfer:

• accurate on the date the determination is made;
•  the residence and presence conditions are satisfied for the individual.

Where information used to make a relevant Scottish Adult Disability Living Allowance determination was assumed to be correct and is later determined to be incorrect, the case manager should make a determination without application (Scottish Adult DLA Regs, Reg 43(a).