# The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, Regulation 44: Determination following official error – underpayments


(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—
(a) they have previously made a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance (“the original determination”),
(b) they establish that, due to an official error, the original determination was incorrect resulting in the individual—
(i) not being given an award of Scottish Adult Disability Living Allowance, or
(ii) being given a lower award than that,
to which the individual was entitled,
(c) the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance, and
(d) the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance.
(2) In making a determination required by paragraph (1) the Scottish Ministers are to use—
(a) the information which led to the original determination,
(b) any other information they have obtained in connection with the individual’s entitlement to Scottish Adult Disability Living Allowance, and
(c) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.
(3) In this regulation, “official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone else.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/44 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.