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.