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PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3DETERMINING ENTITLEMENT

Re-determination by the Scottish Ministers

42Late request for re-determination

(1)It is for—

(a)the Scottish Ministers, or

(b)on appeal under section 61, the First-tier Tribunal for Scotland,

to decide whether, for the purpose of section 41(4)(b), an individual has a good reason for not requesting a re-determination sooner.

(2)Having made a decision under subsection (1), the Scottish Ministers must inform the individual concerned—

(a)of the decision, and

(b)if the decision is that the individual has no good reason for not requesting a re-determination sooner, of—

(i)the reasons for the decision, and

(ii)the individual’s right to appeal under section 61.