PART 2

GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 3

DETERMINING ENTITLEMENT

Re-determination by the Scottish Ministers

Duty to re-determine
43
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.