When a previous determination is based on an error or made in ignorance of a material fact

This chapter is about Scottish Adult Disability Living Allowance (Scottish Adult DLA). It focuses on when Social Security Scotland identifies a determination that is one of the following:

• based on an error (including an official error)
• made in ignorance of a material fact

The term ‘error’ means an error that is likely to cause an individual to receive the wrong amount of assistance. It does not include any of the following:

• situations where an individual reports a change in their circumstances that alters their entitlement to assistance
• when a determination is made correctly but the eligibility criteria changes at a later date

Case managers should check to see whether the guidance on errors (including official errors) applies to individual cases.

If the guidance on error does not apply, a case manager should consider whether a determination has been made in ignorance of a material fact. This will only apply if the original determination did not involve one of the following:

• an error (including an official error) leading to an overpayment
• an official error that leads to an underpayment.

Different rules apply as to when the change in entitlement will begin depending on whether the original determination involves an error (including an official error) or was made in ignorance of a material fact.

Where an error (including an official error) results in an overpayment, a decision has to be made on whether the individual is to be held liable to repay this to Social Security Scotland.