Correcting a determination made in ignorance of a material fact

A case manager must carry out an unscheduled review (legally known as a determination without application) when both:

• a previous determination was made in ignorance of a material fact
• the material fact being known either:
  • may result in an alteration to the rate of Scottish Adult DLA the individual is entitled to, or
  • is likely to mean that the individual is no longer entitled to Scottish Adult DLA (Scottish Adult DLA Regs, reg. 43(a))

Completing a determination without application involves correcting previous determinations in order to work out the individual’s correct entitlement to Scottish Adult DLA. This involves both:

• consideration of all entitlement criteria, including applying the backwards test
• working out when the change in entitlement should begin

This should be approached as if making a determination for the first time with full consideration given to the relevant chapters of the DMG Qualifying periods for Scottish Adult DLA, Principles of Decision Making for Scottish Adult DLA, Eligibility Criteria and Component Definitions for Scottish Adult DLA and Scottish Adult DLA Determinations and Awards.