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Social Security (Scotland) Act 2018

Presumption about when information is received

89.Section 62 creates a legal presumption about how long it takes for information to be received after it is sent for the purposes of calculating:

  • how long an individual has to request a re-determination by the Scottish Ministers under section 41 after being informed of Ministers’ first determination of the individual’s entitlement,

  • how long an individual has to make an appeal to the First-tier Tribunal under section 46 against a determination of entitlement by the Ministers after being informed, either, of the Ministers’ decision on re-determination or that Ministers have not made a re-determination decision within the period allowed, and

  • how long an individual has to make an appeal to the First-tier Tribunal under section 61 against a decision by the Ministers to reject as invalid an application for assistance or a request for a re-determination, or against a decision by Ministers not to entertain a late request for a re-determination.

90.In each of these cases, section 62 provides that it is to be presumed that the information is received 48 hours after it is sent whether it is sent by post or email to the most up-to-date address the Scottish Ministers hold for the individual. This is, however, only a presumption which can be rebutted if it can be proved that the information was received sooner or later than that.

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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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