PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 3DETERMINING ENTITLEMENT
Re-determination by the Scottish Ministers
42Late request for re-determination
1
It is for—
a
the Scottish Ministers, or
b
on appeal under section 61, the First-tier Tribunal for Scotland,
to decide whether, for the purpose of section 41(4)(b), an individual has a good reason for not requesting a re-determination sooner.
2
Having made a decision under subsection (1), the Scottish Ministers 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 section 61.