Residence
The transfer determination made as part of the case transfer process assumes the residence and presence conditions are met (Schedule 1, Part 2, regulation 5(5)(a)).
If the case manager later determines that the assumption was incorrect, they must make a determination without application. This new determination will replace the transfer determination if it finds the individual did not meet the residence and presence conditions when the in transfer determination was made (Schedule 1, Part 2, regulation 4(3)).
Example: Assumption of residence for transferred cases
Information received from the Department for Work and Pensions about Peter’s Carer’s Allowance award stated that he normally lives at an address with a Scottish postcode.
Assuming this information was correct, Peter’s case was selected for transfer and a determination was made that Peter was entitled to Carer Support Payment. His Carer’s Allowance award ended as a result.
Two months later, Peter advises that he did not normally live in Scotland when he started getting Carer Support Payment, rather he lived in Wales. He did not update his address with Department for Work and Pensions.
The assumption that the residence conditions were met were incorrect. The case manager therefore makes a determination without application that finds Peter was not entitled to Carer Support Payment on the date of transfer.