The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020

PART 2 Re-determination of entitlement

Right to request re-determination and periods allowed

4.—(1) An individual may request that the Scottish Ministers re-determine the individual’s entitlement to a carer’s allowance supplement after being informed (in accordance with paragraph 3) of a determination by the Scottish Ministers of the individual’s entitlement to such a payment.

(2) Unless sub-paragraph (3) applies, a request for re-determination is valid only if it is made before the end of the period of 31 days beginning with the day that the individual is informed (in accordance with paragraph 3) of the right to make the request.

(3) A request for re-determination is valid if it is made after that period has ended, but before the end of the day that falls one year after the day on which the individual is informed (in accordance with paragraph 3) of the determination, if the individual has a good reason for not requesting a re-determination sooner (see paragraph 5).

(4) A request for re-determination is valid only if it is made in such form as the Scottish Ministers require.

(5) The Scottish Ministers must publicise any requirement for the time being set under sub-paragraph (4).

(6) If the Scottish Ministers decide that something purporting to be a request for a re-determination does not satisfy the condition in sub-paragraph (4), they must inform the individual concerned of—

(a) the decision,

(b) the reasons for it, and

(c) the individual’s right to appeal under paragraph 13.

Late request for re-determination

5.—(1) It is for—

(a) the Scottish Ministers, or

(b) on appeal under paragraph 13 the First-tier Tribunal for Scotland,

to decide whether, for the purpose of paragraph 4(3), an individual has a good reason for not requesting a re-determination sooner.

(2) Where the Scottish Ministers have made a decision under sub-paragraph (1), they 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 paragraph 13.

Duty to re-determine and period allowed

6.—(1) On receiving a valid request under paragraph 4 to re-determine an individual’s entitlement to a carer’s allowance supplement the Scottish Ministers are to make a determination of the individual’s entitlement to that payment.

(2) The Scottish Ministers must aim to make that determination within the period of 16 working days beginning with—

(a) the day that the request for a re-determination is received by the Scottish Ministers, or

(b) in the case of a request for a re-determination to which paragraph 4(3) applies (late requests), the day on which it is decided by the Scottish Ministers or (as the case may be) the First-tier Tribunal for Scotland that the individual has a good reason for not requesting a re-determination sooner.

(3) If the Scottish Ministers fail to make the determination within that period—

(a) their duty to make the determination ends (but they may still make it), and

(b) paragraph 8 applies.

(4) For the purpose of sub-paragraph (2), a “working day” is a day other than—

(a) a Saturday

(b) a Sunday, or

(c) a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(1).

Notice of re-determination

7.—(1) Having made a determination under paragraph 6 of an individual’s entitlement to a carers allowance supplement, the Scottish Ministers must—

(a) inform the individual—

(i) of the determination,

(ii) of the reasons for it,

(iii) of the individual’s right to appeal to the First-tier Tribunal under regulation 9 against the determination, and

(b) provide the individual with a form that the individual can complete and submit to the Scottish Ministers in order to bring an appeal against the determination.

(2) The Scottish Ministers must fulfil their duty under sub-paragraph (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

Notice where re-determination not made timeously

8.—(1) Where the Scottish Ministers fail to make a determination under paragraph 6 within the period allowed by paragraph 6(2), the Scottish Ministers must—

(a) inform the individual—

(i) that the individual’s request for a re-determination has not been dealt with within the period allowed, and

(ii) that the individual therefore has the right to appeal to the First-tier Tribunal against the determination under regulation 5 which prompted the request for a re-determination, and

(b) provide the individual with a form that the individual can complete and submit to the Scottish Ministers in order to bring an appeal against the determination.

(2) The Scottish Ministers must fulfil their duty under sub-paragraph (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

(1)

1971 c.80, paragraph 2 of schedule 1 sets out the Scottish bank holidays and was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).