Regulation 7 Determination following official error – overpayments
(1)
The Scottish Ministers must make a determination of an individual’s entitlement to winter heating assistance without receiving an application where—
(a)
they have previously made a determination of the individual’s entitlement to winter heating assistance, and
(b)
they establish that, due to official error, that determination was incorrect resulting in the individual being given an award of winter heating assistance to which they were not entitled.
(2)
In this regulation, “official error” means an error made by the Scottish Ministers or a Minister of the Crown that was—
(a)
not materially contributed to by anyone else, or
(b)
made on the basis of—
(i)
incorrect information, or
(ii)
an assumption which proves to be wrong.