When an individual notifies Social Security Scotland more than 13 weeks after the move

Any payment to the individual for a day after 13 weeks of the move is treated as an overpayment. This is still the case where the individual has informed Social Security Scotland that they have moved, but they have done this late, or after the of 13 week run on was due to end (Carer Support Payment regs, reg 42(5)(a), (b), Scottish Adult DLA regs, Reg 48(5)(b)).

This means that the case manager should apply the rules in the ‘When a change in entitlement should begin if the individual was overpaid’ section of the chapter ‘When a previous determination is based on an error’. The Payment Errors chapter contains guidance on what to do if an individual has been overpaid (Carer Support Payment regs, reg 38(1),(2)).

These rules require the case manager to make an unscheduled review based on the change of circumstances. The unscheduled review should determine that the individual’s entitlement to assistance stopped 13 weeks after the date when the individual became resident in another part of the UK.