PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 3DETERMINING ENTITLEMENT

Re-determination by the Scottish Ministers

I142Late request for re-determination

1

It is for—

a

the Scottish Ministers, or

b

on appeal under section 61, the First-tier Tribunal for Scotland,

to decide whether, for the purpose of section 41(4)(b), an individual has a good reason for not requesting a re-determination sooner.

2

Having made a decision under subsection (1), the Scottish Ministers must inform the individual concerned—

a

of the decision, and

b

if the decision is that the individual has no good reason for not requesting a re-determination sooner, of—

i

the reasons for the decision, and

ii

the individual's right to appeal under section 61.