Social Security (Scotland) Act 2018

25 Meaning of “determination of entitlement”

(1) References in this Part to a determination of an individual’s entitlement to assistance are to a determination made—

(a) by the Scottish Ministers—

(i) under section 37, or

(ii) (following a request for a re-determination) under section 43,

(b) by the First-tier Tribunal for Scotland—

(i) under section 49 in an appeal against a determination made by the Scottish Ministers, or

(ii) (subsequent to such an appeal) under its Tribunals Act powers,

(c) by the Upper Tribunal for Scotland under its Tribunals Act powers (subsequent to an appeal against, or following a review of, a decision of the First-tier Tribunal),

(d) by the Court of Session under its Tribunals Act powers (in an appeal against a decision of the Upper Tribunal), or

(e) by the Supreme Court of the United Kingdom—

(i) in an appeal under section 40 of the Court of Session Act 1988 against a decision of the Court of Session, or

(ii) on a reference made by the Court of Session under schedule 6 of the Scotland Act 1998.

(2) In this section, “Tribunals Act powers” means powers under Part 6 (review or appeal of decisions) of the Tribunals (Scotland) Act 2014.