Correcting an error that leads to an overpayment
A case manager must conduct an unscheduled review (legally known as a determination without application) to correct an error (including an official error) that results in an overpayment (Scottish Adult DLA Regs, reg. 45(1))
Before correcting an error, case managers must make sure that there has not been any of the following:
- request for a re-determination (Scottish Adult DLA Regs, reg. 45(1)(c))
- request for an appeal (Scottish Adult DLA Regs, reg. 45(1)(d))
- fraud investigation started
The case manager should contact the appropriate team to establish this:
- re-determinations team
- appeals team
- fraud team
If a re-determination or appeal has been requested, but not yet been determined, then the case manager cannot make a determination without application.
Completing a determination without application involves correcting previous errors in order to work out the individual’s correct entitlement to Scottish Adult DLA. This involves:
- considering all the entitlement criteria, including applying the backwards test. The chapter on the backwards test explains the test in more detail.
- working out when the change in entitlement should begin
The case manager may use any or all of the following when completing the determination without application:
- information provided by the DWP as part of the transfer that led to the original determination (Scottish Adult DLA Regs, reg. 45(2)(a))
- any other information that they have obtained in connection with the individual’s entitlement to Scottish Adult DLA (Scottish Adult DLA Regs, reg. 45(2)(b))
- any other information available to them that is relevant to their consideration of whether the individual is entitled to Scottish Adult DLA (Scottish Adult DLA Regs, reg. 45(2)(c))