PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 3DETERMINING ENTITLEMENT
Re-determination by the Scottish Ministers
I145Notice where re-determination not made timeously
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.