Regulation 37 When an increase in level of entitlement takes effect
Where, as a result of a determination without an application, the rate of Pension Age Disability Payment payable in respect of an individual is increased, the change takes effect—
in the case of an increase pursuant to a determination made under regulation 40(c) or 40(d) (determination following change of circumstances etc.) on the day after the day on which Attendance Allowance ceased to be paid in respect of the individual,
in the case of an award of entitlement or increase pursuant to a determination made in accordance with regulation 40(a) that affects their eligibility under regulation 5 (eligibility criteria: daytime and night-time condition and required period), on the date when—
if as a result of the individual reporting the change—
if the individual reports the change within one month of the change occurring, the individual first satisfies the requirements for the higher rate of Pension Age Disability Payment,
if the individual reports the change within more than one month but not more than 13 months of the change occurring, the individual first satisfies the requirements for a higher rate of Pension Age Disability Payment, but only if the Scottish Ministers consider that the individual had good reason for not notifying the change within one month, or
in any other case, the individual reports the change,
if as a result of the Scottish Ministers becoming aware that a determination of an individual’s entitlement was made in ignorance of a material fact, on the date when the Scottish Ministers make the determination,
in the case of an earlier determination which was based on official error within the meaning of regulation 41 (determination following official error – underpayments) or on error within the meaning of regulation 42 (determination following error – overpayments), on the date when the earlier determination took effect,
in the case of a determination made in accordance with regulation 40(a), where the period that an individual has been—
resident in a care home for the purpose of regulation 19,
an in-patient in hospital or similar institution for the purpose of regulation 20,
in legal detention for the purpose of regulation 22, or
resident in a care home, an in-patient in a hospital or similar institution, or in legal detention for the purposes of regulation 24,
has come to an end, on the day on which the individual leaves the place, or
in any other case, on the date when the Scottish Ministers make the determination.
Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set an earlier date for the purposes of paragraph (1) (b), (c), (d) or (e).
This regulation does not apply to an individual to whom regulation 18 (entitlement under special rules for terminal illness) applies.
Where an individual has previously received Pension Age Disability Payment for a period and a determination without application has subsequently been made that the same individual is entitled to Pension Age Disability Payment at a higher rate for that period, that individual will be entitled to the difference between the value of entitlement to Pension Age Disability Payment under the subsequent determination and the value of Pension Age Disability Payment to which that individual was previously entitled for that period.