SCHEDULE 10SHORT-TERM ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

Entitlement to other assistance being reviewed

I11

1

The regulations must be framed so that an individual is eligible for short-term assistance if—

a

the individual is, or was, entitled to a particular type of assistance (other than short-term assistance) under a determination made on the basis that the individual has ongoing entitlement,

b

that determination has been superseded by a determination under section 37 with the result that the individual—

i

is no longer entitled to the type of assistance in question, or

ii

is entitled to less assistance of the type in question,

c

the individual's entitlement to the type of assistance in question is under review, and

d

any further eligibility rules prescribed in the regulations are satisfied in the individual's case.

2

An individual's entitlement to a particular type of assistance is under review within the meaning of sub-paragraph (1)(c) if—

a

the individual has, under section 41, requested a re-determination of the individual's entitlement to the type of assistance in question and—

i

the Scottish Ministers have yet to make a determination of the individual's entitlement under section 43, and

ii

the individual has not, since requesting the re-determination, made an appeal to the First-tier Tribunal against a determination of the individual's entitlement, or

b

the individual has, under section 46, appealed to the First-tier Tribunal against a determination of the individual's entitlement to the type of assistance in question and the First-tier Tribunal has yet to make a decision under section 49, or

c

the First-tier Tribunal is considering, under section 48(1)(b), whether to give permission for the individual to bring an appeal against a determination of the individual's entitlement to the type of assistance in question.