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PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

Support during discussions and assessments

59Right 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.