45Notice where re-determination not made timeouslyS
(1)Having failed to make a determination under section 43 of an individual's entitlement to a particular type of assistance within the period allowed for re-determination, the Scottish Ministers must—
(a)inform the individual—
(i)that the individual's request for a re-determination has not been dealt with within the period allowed, and
(ii)that the individual therefore has the right to appeal to the First-tier Tribunal against the determination under section 37 which prompted the request for a re-determination, and
(b)provide the individual with a form that the individual can complete and submit to the Scottish Ministers in order to bring an appeal against the determination.
(2)The Scottish Ministers must fulfil their duty under subsection (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.
Commencement Information
I1S. 45 in force at 22.10.2018 by S.S.I. 2018/298, reg. 2(1)(g) (with reg. 3) (as amended (10.12.2019) by S.S.I. 2019/406, regs. 1, 2(2))