46Right to appeal to First-tier Tribunal against determination
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Nodiadau Esboniadol
(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.