PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3DETERMINING ENTITLEMENT

Appeal against the Scottish Ministers’ determination

46Right to appeal to First-tier Tribunal against determination

1

An individual may appeal to the First-tier Tribunal for Scotland—

a

against a determination under section 43 of the individual’s entitlement to assistance, or

b

in a case where subsection (2) applies, against the determination under section 37 referred to in that subsection.

2

This subsection applies where—

a

having been informed of a determination under section 37 of the individual’s entitlement to assistance, the individual has made a request for a re-determination under section 41, and

b

the Scottish Ministers have failed to make a determination under section 43 in consequence of that request within the period allowed for re-determination.