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Paragraph 7 Determination following error resulting in overpayment

Original text. Later amendments are not shown.

(1)

The Scottish Ministers are to make a determination of an individual’s entitlement to a Scottish child payment (without receiving an application) where—

(a)

they have previously made a determination of the individual’s entitlement to the payment (“the original determination”),

(b)

they establish that due to an error the original determination was incorrect resulting in the individual—

(i)

being given a Scottish child payment to which they were not entitled, or

(ii)

being given a higher award than that to which they were entitled,

(c)

the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to the Scottish child payment, and

(d)

the individual has not made an appeal (to the First-tier Tribunal for Scotland or Upper Tribunal) against the Scottish Ministers’ determination of the individual’s entitlement to the Scottish child payment, that has not yet been determined.

(2)

In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a)

the information provided in the application that led to the original determination,

(b)

any other information they have obtained in connection with that application, and

(c)

any other information available to them that is relevant to their consideration of whether the individual is entitled to a Scottish child payment.

(3)

Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the application that led to the original determination was made.

(4)

In this paragraph, references to an “error” are to—

(a)

an error in the performance of a function conferred by virtue of these Regulations, including a decision under regulation 13 being made—

(i)

wrongly, or

(ii)

correctly but on the basis of—

(aa)

incorrect information, or

(bb)

an assumption which proves to be wrong,

(b)

a new decision under regulation 13 not being made after an assumption on the basis of which an earlier decision was made has proved to be wrong.