Social Security (Amendment) (Scotland) Act 2025

5 Re-determination and appeal deadlines in exceptional circumstances

(1) The 2018 Act is modified as follows.

(2) In section 41 (right to request re-determination)—

(a) in subsection (2)(b), the words “(read with section 52A)” are repealed,

(b) in subsection (4)(b)—

(i) at the beginning of sub-paragraph (i), insert “if the request is made before the end of the day that falls one year after the day on which the individual is informed (in accordance with section 40) of the determination,”,

(ii) for “and” following sub-paragraph (i) substitute “or”,

(iii) for sub-paragraph (ii) substitute—

“(ii) if the request is made after the period mentioned in sub-paragraph (i) has ended, there are exceptional circumstances justifying why the request was not made sooner (see section 42).”.

(3) In section 42 (late request for re-determination)—

(a) in subsection (1), for “41(4)(b)” substitute “41(4)(b)(i)”,

(b) after subsection (2) insert—

“(3) It is for—

(a) the Scottish Ministers, or

(b) on appeal under section 61, the First-tier Tribunal for Scotland,

to decide whether, for the purpose of section 41(4)(b)(ii), there are exceptional circumstances justifying why a request for re-determination was not made sooner.

(4) Having made a decision under subsection (3), the Scottish Ministers must inform the individual concerned—

(a) of the decision, and

(b) if the decision is that there are no exceptional circumstances justifying why a request for re-determination was not made sooner, of—

(i) the reasons for the decision, and

(ii) the individual’s right to appeal under section 61.”.

(4) In section 48 (deadline for appealing)—

(a) in subsection (1)(b)—

(i) after “permission” insert “(in accordance with subsection (3))”,

(ii) after “(a)” insert “but still within the period of one year beginning with the day the relevant event occurred”,

(b) in subsection (1)(c)—

(i) for “may not be brought” substitute “may be brought only with the First-tier Tribunal's permission (in accordance with subsection (4))”,

(ii) the words “(but see section 52A)” are repealed,

(c) after subsection (3) insert—

“(4) The First-tier Tribunal may give permission under subsection (1)(c) for an appeal to be brought only if it is satisfied that there are exceptional circumstances justifying why the application was not made sooner.

(5) Any provision of Scottish Tribunal Rules that would (but for this subsection) have the effect of preventing an appeal being brought by virtue of subsection (1)(c) is to be disregarded to the extent that it would have that effect.”.

(5) Section 52A and the italic heading immediately preceding it are repealed.

(6) In section 61 (appeal to First-tier Tribunal against process decisions)—

(a) in subsection (1), after paragraph (c) insert—

“(d) that there are no exceptional circumstances justifying why a request for a re-determination was not made sooner (see section 42).”,

(b) in subsection (2)(b)—

(i) after “permission” insert “(in accordance with subsection (3))”,

(ii) after “(a)” insert “but still within the period of one year beginning with the day the individual was informed of the decision in accordance with this Act”,

(c) in subsection (2)(c), for “may not be brought” substitute “may be brought only with the First-tier Tribunal’s permission (in accordance with subsection (3A))”,

(d) after subsection (3) insert—

“(3A) The First-tier Tribunal may give permission under subsection (2)(c) for an appeal to be brought only if it is satisfied that there are exceptional circumstances justifying why the appeal was not made sooner.

(3B) Any provision of Scottish Tribunal Rules that would (but for this subsection) have the effect of preventing an appeal being brought by virtue of subsection (2)(c) is to be disregarded to the extent that it would have that effect.”,

(e) in subsection (4)(b), after “(2)(b)” insert “or (c)”.

(7) In section 85D (right to apply to First-tier Tribunal for review of certain decisions)—

(a) in subsection (3)(b)—

(i) after “permission” insert “(in accordance with subsection (4))”,

(ii) after “(a)” insert “but still within the period of one year beginning with the day on which the decision concerned was made”,

(b) in subsection (3)(c), for “may not be made” substitute “may be made only with the First-tier Tribunal’s permission (in accordance with subsection (4A))”,

(c) after subsection (4) insert—

“(4A) The First-tier Tribunal may give permission under subsection (3)(c) for an application to be made only if it is satisfied that there are exceptional circumstances justifying why the application was not made sooner.

(4B) Any provision of Scottish Tribunal Rules that would (but for this subsection) have the effect of preventing an application being made by virtue of subsection (3)(c) is to be disregarded to the extent that it would have that effect.”,

(d) in subsection (9)(b), after “(3)(b)” insert “or (c)”.