Regulation 12 Determination following official error – underpayments
(1)
The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Winter Heating Payment without receiving an application where they—
(a)
have previously made a determination of the individual’s entitlement to Pension Age Winter Heating Payment, and
(b)
establish that, due to official error, that determination was incorrect resulting in the individual—
(i)
not being given an award of Pension Age Winter Heating Payment, or
(ii)
being given a lower award than that,
to which the individual was entitled.
(2)
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.