Individual’s responsibility to report changes

If you do make an indefinite award, the individual is still under a duty to report a change in their circumstances. This includes situations where the individual:

• experiences a change to their level of needs or condition that would impact on their entitlement
• moves away permanently from Scotland
• stays temporarily outside of Scotland
• goes into hospital
• moves in to residential accommodation, such as a care home
• is placed in legal detention.

If the individual fails to notify a change of circumstances that would affect the level of Scottish Adult DLA that they are entitled to, the individual may:

• be under or overpaid Scottish Adult DLA
• be committing a criminal offence.

The individual is committing a criminal offence if the individual both:

• does not have a reasonable excuse for not doing so
• knew or ought to have known that a change might result in them not being entitled to assistance or becoming entitled to less assistance.

The individual will also continue to receive communications from Social Security Scotland, including a yearly letter with the new benefit rates (annual uprating notification). This will remind the individual to report a change of circumstances.