PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3DETERMINING ENTITLEMENT

Re-determination by the Scottish Ministers

43Duty to re-determine

1

On being requested under section 41 to re-determine an individual’s entitlement to a particular type of assistance, the Scottish Ministers are to make a determination of the individual’s entitlement to that type of assistance.

2

The Scottish Ministers must aim to make the determination within the period allowed for re-determination.

3

If the Scottish Ministers fail to make the determination within the period allowed for re-determination—

a

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

b

section 45 applies.

4

If the Scottish Ministers make the determination (whether or not within the period allowed for re-determination), section 44 applies.

5

The period allowed for re-determination is to be prescribed by the Scottish Ministers in regulations.

6

The reference in subsection (1) to a request under section 41 is to a request that is valid according to subsection (2) of that section.