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PART 2 SGIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3SDETERMINING ENTITLEMENT

The determination of entitlementS

51Determination on basis of ongoing entitlementS

(1)The Scottish Ministers may by regulations—

(a)provide that a determination of an individual's entitlement to a specified type of assistance is to be made on the basis that the individual has ongoing entitlement to that type of assistance, and

(b)provide for exceptions to any provision made by virtue of paragraph (a).

(2)Regulations making provision by virtue of subsection (1)(a) are also to—

(a)prescribe the time, or times, at which an individual is to become entitled to be given assistance under a determination made on the basis that the individual has ongoing entitlement, and

(b)provide that a decision about what assistance the individual is to become entitled to be given under such a determination in respect of any future period is to be taken in accordance with the applicable regulations on the strength of such assumptions as are specified.

(3)Without prejudice to the generality of subsection (2)(b), the assumptions that may be specified include an assumption that the eligibility rules prescribed in the applicable regulations will continue to be satisfied in an individual's case for a specified duration or indefinitely.

(4)In this section—

Commencement Information

I1S. 51 in force at 22.10.2018 by S.S.I. 2018/298, reg. 2(1)(g) (with reg. 3)