When increase in entitlement begins

The increase in entitlement begins on the date of the new determination (Scottish Adult DLA Regs, reg. 40(1)(b)(ii)) where all of the following apply:

• the original determination was made in ignorance of a material fact
• the individual is now entitled to a higher award as a result of the new determination
• the individual has been underpaid as a result.

A case manager may fix an earlier date for entitlement to begin from if, in all the circumstances, it would be unjust not to do so (Scottish Adult DLA Regs, reg. 40(2)). In other words, the case manager may fix an earlier date if fairness requires it.

The individual will be paid the difference between any Scottish Adult DLA already paid under the original determination and any Scottish Adult DLA due under the new determination (if both determinations relate to the same period of time) (Scottish Adult DLA Regs, reg. 40(4))