What is an error?
The term ‘error’ refers to a wide range of errors. It includes any circumstance where Social Security Scotland makes a determination of entitlement that is not correct, which leads to an overpayment to the individual (Carer Support Payment Regulations, regulation 38(1)(b)).
Errors can be caused or contributed to by client(s), Social Security Scotland, the Department for Work and Pensions (DWP) or Northern Ireland Department for Communities (NIDfC), or a combination of these parties.
An error includes circumstances where a determination is made either:
- wrongly (Carer Support Payment Regulations, regulation 38(3)(a)(i))
- correctly but based upon incorrect information (Carer Support Payment Regulations, regulation 38(3)(a)(ii)(aa)) or an assumption that proves to be wrong (Carer Support Payment Regulations, regulation 38(3)(a)(ii)(bb))
Error also includes circumstances where Social Security Scotland fails to make a new determination after an assumption on which an earlier determination was made has proven to be wrong (Carer Support Payment Regulations, regulation 38 (3)(b))
It does not include any of the following:
- situations where an individual experiences a change in their circumstances that alters their entitlement to assistance, if the client notifies Social Security of this change
- when a determination is made correctly but the eligibility criteria changes at a later date
- a determination that is made in ignorance of a material fact
- where there is a change to the client’s previous Carer’s Allowance award after case transfer is complete
Client advisors should check to see whether the guidance on error (including official error) applies to individual cases.
If the guidance on error does not apply, a client advisor should consider whether a determination has been made in ignorance of a material fact. This will only apply if the original determination did not involve one of the following:
- an error (including official error) leading to an overpayment
- an official error leading to an underpayment
Where an error results in an overpayment, a decision has to be made on whether the individual is liable to repay this to Social Security Scotland.