PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

Support during discussions and assessments

I159Right to support

1

The Scottish Ministers must comply with an individual's wish to have another person (“a supporter”) present during any discussion or assessment relating to the individual's entitlement to a type of assistance described in Chapter 2, unless the wish is unreasonable.

2

The Scottish Ministers' duty under subsection (1) includes ensuring that any person acting on their behalf complies with such a wish, unless the wish is unreasonable.

3

The role of a supporter is to support the individual in question during the discussion or (as the case may be) assessment, and includes making representations on the individual's behalf.

4

Nothing in this section is to be read as requiring the Scottish Ministers to provide or pay for a supporter.