Prospective
10Appeal to First-tier Tribunal against process decisionsS
(1)The 2018 Act is modified as follows.
(2)In the italic heading immediately preceding section 61, for “Right to appeal” substitute “Appeal against”.
(3)In section 61 (appeal to First-tier Tribunal against process decisions), after subsection (3B) (inserted by section 5(6)(d)) insert—
“(3C)In an appeal under this section, the First-tier Tribunal may—
(a)uphold the decision,
(b)set aside the decision and decide—
(i)in the case of an appeal against a decision mentioned in subsection (1)(a)—
(A)that the application for assistance was made in accordance with section 38(1), or
(B)that further information is required in order for the application for assistance to meet the requirements of section 38(1),
(ii)in the case of an appeal against a decision mentioned in subsection (1)(b)—
(A)that the request satisfied the condition in section 41(3), or
(B)that further information is required in order for the request to satisfy the condition in section 41(3),
(iii)in the case of an appeal against a decision mentioned in subsection (1)(c), that an individual has a good reason for not requesting a re-determination sooner,
(iv)in the case of an appeal against a decision mentioned in subsection (1)(d), that there are exceptional circumstances justifying why a request for a re-determination was not made sooner.”.
(4)After section 61 insert—
“61AAction by Scottish Ministers following process appeal decision
(1)Following a decision of the First-tier Tribunal under section 61(3C)(b)(i)(A) that an application for assistance was made in accordance with section 38(1), the Scottish Ministers must make a determination of entitlement under section 37.
(2)Following a decision of the First-tier Tribunal under section 61(3C)(b)(i)(B) that further information is required for the application to meet the requirements of section 38(1), the Scottish Ministers—
(a)must seek that further information, and
(b)if—
(i)that information is received, must make a determination of entitlement under section 37, or
(ii)that information cannot be obtained, may make a further decision of the type referred to in section 38(5).
(3)Following a decision of the First-tier Tribunal under section 61(3C)(b)(ii)(A) that a request for a re-determination satisfied the condition in section 41(3), the Scottish Ministers must make a determination of entitlement under section 43.
(4)Following a decision of the First-tier Tribunal under section 61(3C)(b)(ii)(B) that further information is required for the request to satisfy the condition in section 41(3), the Scottish Ministers—
(a)must seek that further information, and
(b)if—
(i)that information is received, must make a determination of entitlement under section 43, or
(ii)that information cannot be obtained, may make a further decision of the type referred to in section 41(6).
(5)Following a decision of the First-tier Tribunal under section 61(3C)(b)(iii) or (iv), the Scottish Ministers must make a determination of entitlement under section 43.”.
Commencement Information
I1S. 10 not in force at Royal Assent, see s. 27(2)