PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

Right to appeal Scottish Ministers' process decisions

I161Appeal to First-tier Tribunal against process decisions

1

An individual may appeal to the First-tier Tribunal for Scotland against a decision by the Scottish Ministers—

a

to reject something purporting to be an application for assistance (see section 38),

b

that something purporting to be a request for a re-determination does not satisfy the condition in section 41(3),

c

that an individual has no good reason for not requesting a re-determination sooner (see section 42).

2

An appeal under this section—

a

may be brought without the First-tier Tribunal's permission within the period of 31 days beginning with the day the individual was informed of the decision in accordance with this Act,

b

may be brought only with the First-tier Tribunal's permission after the period mentioned in paragraph (a),

c

may not be brought after the end of the period of one year beginning with the day the individual was informed of the decision in accordance with this Act.

3

The First-tier Tribunal may give permission under subsection (2)(b) for an appeal to be made only if it is satisfied that there is a good reason for the appeal not having been made sooner.

4

A decision by the First-tier Tribunal about—

a

the outcome of an appeal under this section, or

b

whether to give permission under subsection (2)(b) for an appeal to be brought,

is final.

5

Accordingly (and without prejudice to the generality of subsection (4)), any such decision by the First-tier Tribunal may be neither—

a

reviewed under section 43 of the Tribunals (Scotland) Act 2014, nor

b

appealed against under section 46 of that Act.