Social Security (Scotland) Act 2018

PART 1 ELIGIBILITY

Entitlement to other assistance being reviewed

1 (1) The regulations must be framed so that an individual is eligible for short-term assistance if—

(a) the individual is, or was, entitled to a particular type of assistance (other than short-term assistance) under a determination made on the basis that the individual has ongoing entitlement,

(b) that determination has been superseded by a determination under section 37 with the result that the individual—

(i) is no longer entitled to the type of assistance in question, or

(ii) is entitled to less assistance of the type in question,

(c) the individual’s entitlement to the type of assistance in question is under review, and

(d) any further eligibility rules prescribed in the regulations are satisfied in the individual’s case.

(2) An individual’s entitlement to a particular type of assistance is under review within the meaning of sub-paragraph (1)(c) if—

(a) the individual has, under section 41, requested a re-determination of the individual’s entitlement to the type of assistance in question and—

(i) the Scottish Ministers have yet to make a determination of the individual’s entitlement under section 43, and

(ii) the individual has not, since requesting the re-determination, made an appeal to the First-tier Tribunal against a determination of the individual’s entitlement, or

(b) the individual has, under section 46, appealed to the First-tier Tribunal against a determination of the individual’s entitlement to the type of assistance in question and the First-tier Tribunal has yet to make a decision under section 49, or

(c) the First-tier Tribunal is considering, under section 48(1)(b), whether to give permission for the individual to bring an appeal against a determination of the individual’s entitlement to the type of assistance in question.