Pension Age Winter Heating Payment (PAWHP): draft regulations 2024

Part 5 - Determination of entitlement to Pension Age Winter Heating Payment without application

Determination of entitlement to Pension Age Winter Heating Payment without receiving an application

12. The Scottish Ministers must, without receiving an application, make a determination of an individual’s entitlement to Pension Age Winter Heating Payment under section 30 of the 2018 Act where it appears to the Scottish Ministers from information available to them that the individual is likely to meet the eligibility rules in regulations 4 to 11.

Determination following official error – underpayments

13.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Winter Heating Payment without receiving an application where—

(a) they have previously made a determination of the individual’s entitlement to Pension Age Winter Heating Payment, and

(b) they establish that, due to official error, that determination was incorrect resulting in the individual not being given an award of Pension Age Winter Heating Payment to which they were entitled.

(2) In this regulation, “official error” means an error made by the Scottish Ministers or a Minister of the Crown that was not materially contributed to by anyone else.

Determination following error – overpayments

14.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Winter Heating Payment without receiving an application where—

(a) they have previously made a determination of the individual’s entitlement to Pension Age Winter Heating Payment, and

(b) they establish that, due to an error, that determination was incorrect resulting in the individual being given an award of Pension Age Winter Heating Payment to which they were not 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.