When a previous determination is made in ignorance of a material fact

What is ignorance of a material fact?

Ignorance of a material fact is not an error.

This guidance only applies where:

• there has been a determination that has been incorrect
• but this was not caused by an error
• correcting the determination will lead to an alteration in the amount the individual is entitled to, or end their entitlement

A determination made in ignorance of a material fact covers instances where all of the following apply:

• a determination was made correctly at the time based on the information held
• the information held at the time was accurate
• other information comes to light later which would have resulted in an alternative outcome

An alternative outcome is one that:

• results an alteration to the award of Carer Support Payment the individual is entitled to, or
• means individual is no longer entitled to Carer Support Payment (Carer Support Payment Regulations, regulation 36(b))

A material fact is therefore one that would make a difference to the level of Carer Support Payment that the individual is entitled to (From a Tribunal decision CIS/3655/2007 at para. 40).

The fact must exist at the time the original determination is made.

Opinions should be distinguished from facts. There is a difference between a decision made on an incorrect factual basis (which would trigger a determination without application) and one which someone else looking at the same factual basis thinks should have led to a different outcome (which would not trigger a determination without application) (From a Tribunal decision on Disability Living Allowance: CDLA/2160/03 at para. 11).

Correcting a determination made in ignorance of a material fact

A client advisor must carry make a determination without application when both:

• a previous determination was made in ignorance of a material fact
• the material fact being known would result in either:
  • an alteration to the award of Carer Support Payment the individual is entitled to, or
  • mean that the individual is no longer entitled to Carer Support Payment (Carer Support Payment Regulations, regulation 36(b))

Completing a determination without application involves correcting previous determinations in order to work out the individual’s correct entitlement to CSP. This involves both:

• consideration of all entitlement criteria
• working out when the change in entitlement should begin

This should be approached as if making a determination for the first time with full consideration of the eligibility criteria and all relevant chapters of the DMG.

A determination without application to correct a determination made in ignorance of a material fact can only be carried out where an individual has ongoing entitlement to Carer Support Payment. Where an original determination was made in ignorance of a material fact and the carer was not awarded Carer Support Payment at all, the client would need to request a re-determination so that the determination could be looked at again. 

When a client may be entitled to more backdating after an initial application has been determined

A client may have applied for less backdating than they were entitled to. If the client later realises and requests more backdating, the action that should be taken will depend on the circumstances:

1. If the client requested less backdating than they would have been entitled to under normal backdating rules (i.e. up to 13 weeks before the application date), and then requests more than they initially asked for, Social Security Scotland can make a determination without application under regulation 36(e) to award all the backdated benefit the client is entitled to. From 16 November 2025, the client must make their request for additional backdating within 13 weeks of the determination on their application. A later request can be accepted if they have a good reason (Carer Support Payment Regulations, regulation 36(e)).
2. If the client had applied for Carer Support within 13 weeks of a Qualifying Disability Benefit decision and was entitled to extended backdating, but this was not considered in awarding Carer Support, this would be a determination we had made in ignorance of a material fact – see the guidance in the rest of this section.

There is more information on how far an award can be backdated in the ‘Applying for Carer Support Payment’ chapter.

When increase in entitlement begins

The increase in entitlement begins on the date of the new determination (Carer Support Payment Regulations, regulation 28 (a)(iii)) 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 client advisor may fix an earlier date for entitlement to begin from if, in all the circumstances, it would be unjust not to do so (Carer Support Payment Regulations, regulation 28(2)). In other words, the client advisor may fix an earlier date if fairness requires it.

The individual will be paid the difference between any CSP already paid under the original determination and any CSP due under the new determination (if both determinations relate to the same period of time).

When a decrease in or cessation of entitlement begins

When a new determination is made to correct a determination that was made in ignorance of a material fact, any decrease or end of entitlement would take effect from the start of the next award week after the week in which the new determination is made (Carer Support Payment Regulations, regulation 27(1)(c)).