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The Council Tax Reduction (Scotland) Regulations 2021
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Changes over time for: PART 9
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 12(1)(a)(iiib) inserted by S.S.I. 2024/141 reg. 11(5)(b)(ii)
- sch. 4 Pt. 6 heading inserted by S.S.I. 2024/35 reg. 13
- reg. 75(1A)(g) and word inserted by S.S.I. 2024/35 reg. 12(b)
- reg. 77(12)(f)(xii) and word inserted by S.S.I. 2024/141 reg. 11(3)(b)
- reg. 90(6)(b)(vii) and word inserted by S.S.I. 2024/141 reg. 11(4)(a)(ii)
PART 9S
[F1Review and appeal]S
Textual Amendments
F1Pt. 9 heading substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(3) (with sch. 1)
Review of determination on an applicationS
93.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An applicant who is aggrieved by a determination on an application may serve a written notice on the relevant authority requesting that it review its determination.
(3) The notice under paragraph (2) must be served within two months of the determination it relates to and must state the matter by which, and the grounds on which, the applicant is aggrieved.
(4) Where a notice under paragraph (2) is served on a relevant authority, that authority must—
(a)consider the matter to which the notice relates,
(b)within two months of receipt of the notice, redetermine the application or decide that no alteration of the determination is to be made,
(c)notify the applicant in writing of its decision and that if the applicant remains aggrieved then [F3an appeal may be made to the First-tier Tribunal] within 42 days of the notification, with the address to which any [F4notice of appeal may] be sent.
Textual Amendments
F2Reg. 93(1) omitted (1.4.2023) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(a) (with sch. 1)
F3Words in reg. 93(4)(c) substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(b)(i) (with sch. 1)
F4Words in reg. 93(4)(c) substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 (S.S.I. 2023/46), reg. 1, sch. 2 para. 2(4)(b)(ii) (with sch. 1)
Commencement Information
[F5Appeal against a determination on an applicationS
94.—(1) An applicant may appeal to the First-tier Tribunal where the relevant authority—
(a)has notified the applicant of its decision on a request for review under regulation 93(2) in accordance with paragraph (4)(c) of that regulation and the applicant wishes to dispute that decision, or
(b)has not notified the applicant of a decision on a request for review under regulation 93(2) and more than two months have elapsed since the notice requesting review was served.
(2) Notice of appeal to the First-tier Tribunal must be made in accordance with the First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure) Regulations 2022.
(3) An appeal to the First-tier Tribunal prevents the relevant authority from notifying the applicant under regulation [F693(4)(c)] of its decision on the request for review to which the appeal relates.
(4) The relevant authority must implement the decision of the First-tier Tribunal in respect of an appeal under paragraph (1) as soon as is reasonably practicable, including any calculation of the amount of an applicant’s entitlement to a council tax reduction that is required.]
Textual Amendments
Panel to conduct further reviewsS
F795. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Conduct of further reviewsS
F896. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
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