Regulation 38 When a decrease in level or cessation of entitlement takes effect
Where, as a result of determination without an application, the rate of Pension Age Disability Payment payable in respect of an individual is decreased or their entitlement is ceased, the change takes effect—
in the case of a decrease 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 a determination without application under regulation 39 or 40(a), on the date—
where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—
knowingly fails to notify a change, or
fails to notify the change as soon as reasonably practicable after it occurred,
the individual should have notified the Scottish Ministers of the change, or
in any other case, the Scottish Ministers make the determination,
in the case of a determination under regulation 40(b), on the date of the individual’s death,
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 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 a later date for the purposes of paragraph (1)(b), (c), (d) or (e).