Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 4: Death of applicant
Section 68: Review of determination made under section 66(3)
193.This section provides for a review of a determination made under section 66(3) that a nominated beneficiary is not going to be invited to take over an application following an applicant’s death.
194.In accordance with subsection (2), any request for a review must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received by the nominated beneficiary, be in the required form as set out by the Scottish Ministers, and specify why the review is being requested. Any accompanying documents and information considered relevant by the nominated beneficiary must also be produced as part of this process. As soon as reasonably practicable after receiving a request for a review, the Scottish Ministers will pass it, and any accompanying information, to Redress Scotland.
195.Subsection (4) permits a review to be conducted despite the request for it not being made within the timescale specified in subsection (2), if Redress Scotland is satisfied that the applicant has a good reason for not requesting it sooner.
196.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 69.
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