- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)When—
(a)the Scottish Ministers are determining an individual’s entitlement to assistance (whether under section 37 or 43), and
(b)they require further information in order to satisfy themselves about any matter material to the making of the determination,
they may request that the individual provide them with the information within such period as they specify.
(2)If the individual fails to provide the requested information by the end of the specified period the Scottish Ministers may, without further consideration, proceed to make the determination on the basis that the eligibility rules prescribed in the applicable regulations are not satisfied in the individual’s case (see section 50).
(3)For the avoidance of doubt, the information which the Scottish Ministers may request an individual to provide under subsection (1) includes the results of an assessment, including one which the individual has not undergone at the time the request is made.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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