Social Security (Amendment) (Scotland) Act 2025 (asp 2)

Prospective

Part 3 S Determinations and re-determinations of entitlement to assistance

Re-determinations S

7 Re-determinations after the period allowed S

(1) The 2018 Act is modified as follows.

(2) In section 43 (duty to re-determine)—

(a) subsection (3) is repealed,

(b) after subsection (4) insert—

“(4A) If the Scottish Ministers fail to make the determination within the period allowed for re-determination—

(a) section 45 applies, and

(b) their duty to make the determination continues unless the individual brings an appeal under section 46.

(4B) If an appeal under section 46 is subsequently withdrawn, the duty of the Scottish Ministers to make the determination applies again and continues unless the appeal is reinstated.”.

(3) In section 44 (notice of re-determination), in subsection (1)(a), after sub-paragraph (iii) insert—

“(iiia) in circumstances where the individual was previously issued with a notice under section 45, that the individual no longer has the right to appeal to the First-tier Tribunal against the determination under section 37 which prompted the request for a re-determination,”.

(4) In section 45 (notice where re-determination not made timeously), in subsection (1)(a)—

(a) the “and” following sub-paragraph (i) is repealed,

(b) the “and” following sub-paragraph (ii) is repealed,

(c) after sub-paragraph (ii) insert—

“(iii) that the Scottish Ministers will continue to consider the request for a re-determination unless the individual brings an appeal against the determination as mentioned in sub-paragraph (ii),

(iv) that if the individual brings an appeal against the determination but subsequently withdraws that appeal, the Scottish Ministers will again consider the request for a re-determination, and

(v) that if the re-determination is carried out and a notice issued under section 44, the individual’s right to appeal to the First-tier Tribunal mentioned in sub-paragraph (ii) will end, and”.

(5) In section 46 (right to appeal to First-tier Tribunal against determination), in subsection (2)—

(a) the “and” following paragraph (a) is repealed,

(b) after paragraph (a) insert—

“(aa) the period allowed for re-determination has ended, and”,

(c) in paragraph (b)—

(i) for “failed” substitute “yet”,

(ii) the words “within the period allowed for re-determination” are repealed.

Commencement Information

I1 S. 7 not in force at Royal Assent, see s. 27(2)