Regulation 43 Determination following change of circumstance etc.

The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where the individual has an ongoing entitlement to Scottish Adult Disability Living Allowance and they become aware—

(a)

of a change of circumstances, whether or not notified by the individual in accordance with section 56 of the 2018 Act, or where the Scottish Ministers become aware that a determination of an individual’s entitlement was made in ignorance of a material fact, which would possibly result in an alteration to the component or rate of Scottish Adult Disability Living Allowance payable to the individual or which is likely to mean that the individual is no longer entitled to Scottish Adult Disability Living Allowance,

(b)

that the individual has died,

(c)

of an alteration of the component or rate of award of Disability Living Allowance to which the individual was entitled immediately before the date of transfer to Scottish Adult Disability Living Allowance in accordance with Part 2 of schedule 1 (transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance) as a result of a decision made pursuant to—

(i)

a revision under regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”)^f1,

(ii)

a supersession under regulation 6 of the 1999 Regulations,

(iii)

an appeal under section 12 of the Social Security Act 1998 (“the 1998 Act”)^f2,

(iv)

a re-consideration under section 13 of the 1998 Act,

(v)

an appeal to the Upper Tribunal under section 14 of the 1998 Act,

(vi)

a revision under article 10 of the Social Security (Northern Ireland) Order 1998^f3 (“the 1998 Order”),

(vii)

a supersession under article 11 of the 1998 Order,

(viii)

an appeal under article 13 of the 1998 Order, or

(ix)

an appeal to the Commissioner under article 15 of the 1998 Order,

(d)

of an alteration of the component or rate of award of Disability Living Allowance which the individual was entitled to immediately before moving to Scotland in circumstances in which regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) applies, as a result of a decision made pursuant to—

(i)

a revision under regulation 3 of the 1999 Regulations,