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Social Security (Scotland) Act 2018

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50Decisions comprising determination

(1)A determination of an individual’s entitlement to a particular type of assistance consists of—

(a)a decision about whether or not the eligibility rules prescribed in the applicable regulations are satisfied in the individual’s case,

(b)if those rules are satisfied, a decision (taken in accordance with the applicable regulations) about what assistance of the type in question the individual is entitled to be given,

(c)if the determination is to be made on the basis that the individual has ongoing entitlement to the type of assistance in question (see section 51), a decision about what assistance of the type in question the determination is to entitle the individual to be given in the future, and

(d)if the determination is of an individual’s entitlement to assistance in respect of an event, a decision about whether the individual’s application for assistance in respect of the event is possibly premature.

(2)If it is decided under subsection (1)(d) that an individual’s application for assistance in respect of an event is possibly premature, the determination must include a statement that the individual may make another application for assistance in respect of the event.

(3)An individual’s application for assistance in respect of an event is possibly premature for the purpose of subsection (1)(d) if—

(a)the decision under subsection (1)(a) is that the eligibility rules prescribed in the applicable regulations are not satisfied in the individual’s case, and

(b)it is possible that circumstances may change so that, in relation to the event in question, those rules will be satisfied in the individual’s case.

(4)In this section, “the applicable regulations” means the regulations made under the section in Chapter 2 that describes the type of assistance in question.

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