Regulation 13 Determination following error – overpayments

(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 an error, that determination was incorrect resulting in the individual being given—

(i)

an award of Pension Age Winter Heating Payment to which the individual was not entitled, or

(ii)

a higher award than that to which the individual was entitled.

(2)

In this regulation, reference to an “error” is to—

(a)

an error in the performance of a function conferred by these Regulations or the 2018 Act, including a determination being made—

(i)

wrongly, or

(ii)

correctly, but on the basis of

(aa)

incorrect information, or

(bb)

an assumption which proves to be wrong, or

(b)

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