(1)The 2018 Act is modified as follows.
(2)In section 49 (First-tier Tribunal’s power to determine entitlement)—
(a)the existing words become subsection (1),
(b)after that subsection insert—
“(2)In exercising its power under subsection (1), the First-tier Tribunal—
(a)must not take into account any circumstances which did not exist at the relevant time, but
(b)may take into account circumstances which existed but were not known at the relevant time.
(3)In this section—
“the relevant time” means the time at which the individual’s entitlement fell to be determined, under the applicable regulations, by the Scottish Ministers in making the original determination under section 37 in relation to that entitlement,
“the applicable regulations” means the regulations made under the section in Chapter 2 that describes the type of assistance in question.”.