Social Security (Scotland) Act 2018 (asp 9)

PART 2 GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3 DETERMINING ENTITLEMENT

Appeal against the Scottish Ministers’ determination

46 Right 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.