When the change in entitlement should begin if the individual meets the criteria for a lower or no award
If the individual notifies about their change in circumstances within a reasonable time (for example, within 1 month) of when they could be expected to notice a change, their entitlement to the lower award starts, or their entitlement stops, on the date of the determination from the unscheduled review (Scottish Adult DLA Reg 41(1)(c)(ii)).
Example
Edith has been receiving the higher rate of the mobility component of Scottish Adult DLA as she is virtually unable to walk due to severe discomfort in her knee caused by rheumatoid arthritis.
Edith underwent a new treatment plan involving new medication, with the new treatment she is able to walk without severe discomfort. Edith’s sister notifies Social Security Scotland.
The case manager undertakes an unscheduled review and finds Edith is no longer entitled to the mobility component of Scottish Adult DLA. Her entitlement to Scottish Adult DLA stops when the case manager makes this determination.
If the individual knowingly fails to notify a change, their entitlement to the lower award starts, or their entitlement stops, on the date that they should have notified us (Scottish Adult DLA reg 41(1)(c)(i)).
The case manager must decide if an individual has knowingly failed to notify Social Security Scotland about the change.
An individual knowingly fails to notify Social Security Scotland about a change if:
- they do not notify Social Security Scotland about the change at the time when the notice of determination requires them to do so, and
- they are aware of this fact.
An individual also knowingly fails to notify Social Security Scotland about a change if it is reasonable to expect them to be aware of the fact: • a change has occurred, and
- they are required to notify the change as soon as it occurred.
In most cases, it may take a period of time after the change occurs for the individual to actually notice it. This is especially true where the change in the individual’s condition:
- is gradual
- fluctuates.
An individual cannot knowingly fail to report a change if the change is one that a person in their position cannot be reasonably expected to notice.
Case managers can set a later start date if they consider, that it would be unjust not to apply a later start date for either:
- the lower rate of either component, or
- no award to begin.
The ‘Setting a later start date to entitlement’ section below contains guidance on when it may be unjust not to fix a later date for entitlement to either:
- begin for a lower award
- cease.