Period allowed for re-determinationS
2.—(1) In relation to determining entitlement to early years assistance, the period allowed for re-determination (within the meaning of section 43 of the Social Security (Scotland) Act 2018) is 16 working days beginning with—
[F1(a)the day that the request for a re-determination is received by the Scottish Ministers, F2...
(b)in a case where the request for a re-determination is received by the Scottish Ministers outwith the period prescribed in paragraph 1, the day on which it is decided by the Scottish Ministers or (as the case may be) the First-tier Tribunal for Scotland that the individual in question has a good reason for not requesting a re-determination sooner] [F3, or
(c)in a case where the Scottish Ministers have informed the individual of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-Tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require.]
(2) For the purpose of this paragraph, a “working day” is a day other than—
(a)a Saturday;
(b)a Sunday; or
(c)a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M1.
Textual Amendments
F1Sch. 1 para. 2(1)(a)(b) substituted for words (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 7
F2Word in sch. 1 para. 2(1)(a) omitted (9.2.2022) by virtue of The Social Security (Period for Re-determination Requests) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/469), regs. 1(1), 2(2)(a)(i)
F3Sch. 1 para. 2(1)(c) and word inserted (9.2.2022) by The Social Security (Period for Re-determination Requests) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/469), regs. 1(1), 2(2)(a)(ii)
Marginal Citations
M11971 c.80. Schedule 1, paragraph 2 sets out the Scottish bank holidays; it is amended by the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2), section 1.