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that determination has been superseded by a determination under section 37 with the result that the individual—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