PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 3DETERMINING ENTITLEMENT
The determination of entitlement
I150Decisions comprising determination
1
A determination of an individual's entitlement to a particular type of assistance consists of—
a
a decision about whether or not the eligibility rules prescribed in the applicable regulations are satisfied in the individual's case,
b
if those rules are satisfied, a decision (taken in accordance with the applicable regulations) about what assistance of the type in question the individual is entitled to be given,
c
if the determination is to be made on the basis that the individual has ongoing entitlement to the type of assistance in question (see section 51), a decision about what assistance of the type in question the determination is to entitle the individual to be given in the future, and
d
if the determination is of an individual's entitlement to assistance in respect of an event, a decision about whether the individual's application for assistance in respect of the event is possibly premature.
2
If it is decided under subsection (1)(d) that an individual's application for assistance in respect of an event is possibly premature, the determination must include a statement that the individual may make another application for assistance in respect of the event.
3
An individual's application for assistance in respect of an event is possibly premature for the purpose of subsection (1)(d) if—
a
the decision under subsection (1)(a) is that the eligibility rules prescribed in the applicable regulations are not satisfied in the individual's case, and
b
it is possible that circumstances may change so that, in relation to the event in question, those rules will be satisfied in the individual's case.
4
In this section, “the applicable regulations” means the regulations made under the section in Chapter 2 that describes the type of assistance in question.