PART 2

GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 4

FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

Identifying possible eligibility

Duty to inform about possible eligibility
53
1
Subsection (2) applies if, in the course of their making a determination of an individual’s entitlement to assistance, it appears to the Scottish Ministers that the individual may be eligible for other assistance.
2
The Scottish Ministers must—
a
inform the individual that the individual may be eligible for the other assistance, and
b
either—
i
provide the individual with information about how to apply for it, or
ii
if regulations under section 52 so allow, ask the individual whether they should proceed with making a determination of the individual’s entitlement to the other assistance without receiving an application.
3
Subsection (2)(b)(ii) does not preclude the Scottish Ministers from requesting further information under section 54(1) for the purpose of determining the individual’s entitlement to the other assistance.
4
In this section, “other assistance” means—
a
a different type of assistance described in Chapter 2 from the type of assistance that the determination mentioned in subsection (1) relates to, or
b
the same type of assistance as that determination relates to, but in respect of a different period or (as the case may be) event.