Detailed Provisions
Part 3: Eligibility and key concepts.
Eligibility to apply for next of kin payments
Section 26: Review of determination made under section 25
61.This section provides that an applicant who has received notice of a determination under section 25 that permission to apply for a next of kin payment due to exceptional circumstances is not being granted may request a review of that determination.
62.In accordance with subsection (2), such a request must be made to the Scottish Ministers before the end of the period of eight weeks beginning with the date on which notice of the determination was received and be made in such form as the Scottish Ministers may require (and, under subsection (5), the Scottish Ministers must publicise any requirements for the form of applications). Section 26(5) and (6) of ILRA provides for when an applicant is to be assumed to have received notice of the determination. The request must also specify why a review is being sought, and should contain or be accompanied by any other information the applicant considers relevant.
63.Subsection (3) states that the Scottish Ministers must provide the request and any accompanying information to Redress Scotland as soon as practicable. Subsection (4) permits Redress Scotland to conduct a review despite it not being requested within the timescale specified in subsection (2)(b), if it is satisfied that the applicant has a good reason for not requesting it sooner.
64.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 27.
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