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13.—(1) Unless the context otherwise requires, references in these Regulations to a determination of an individual’s entitlement to a Scottish child payment are to a determination made—
(a)by the Scottish Ministers—
(i)under paragraph 3 of the schedule, or
(ii)(following a request for a re-determination) under paragraph 16 of the schedule,
(b)by the First-Tier Tribunal for Scotland—
(i)under paragraph 22 of the schedule in an appeal against a determination made by the Scottish Ministers, or
(ii)(subsequent to such an appeal) under its Tribunals Act powers,
(c)by the Upper Tribunal for Scotland under its Tribunals Act powers (subsequent to an appeal against, or following a review of, a decision of the First-tier Tribunal).
(2) In this regulation, “Tribunals Act powers” means powers under Part 6 (review or appeal of decisions) of the Tribunals (Scotland) Act 2014(1).
(3) A determination of an individual’s entitlement to a Scottish child payment consists of—
(a)a decision about whether or not the eligibility rules specified in regulation 18 are satisfied in the individual’s case,
(b)if those rules are satisfied, a decision (taken in accordance with these Regulations) about what assistance the individual is entitled to be given, and
(c)if the determination is to be made on the basis that the individual has ongoing entitlement to a Scottish child payment, a decision about what assistance the determination is to entitle the individual to be given in the future.
14. For the purposes of these Regulations, references to a kind of assistance specified in this regulation are to—
(a)child tax credit under the Tax Credits Act 2002(2),
(b)income-based jobseeker’s allowance under the Jobseekers Act 1995(3),
(c)income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007(4),
(d)income support under Part VII of the Social Security Contributions and Benefits Act 1992(5),
(e)state pension credit under the State Pension Credit Act 2002(6),
(f)universal credit under Part 1 of the Welfare Reform Act 2012(7),
(g)working tax credit under the Tax Credits Act 2002(8).
15.—(1) An individual is not to be regarded as having been awarded a kind of assistance specified in regulation 14 for a day or a period if the award was made in error (whether or not induced by the individual).
(2) For the avoidance of doubt, an individual is to be regarded as having been awarded assistance for a day or period even if the sum awarded is reduced to £0 as a result of a sanction.
16. “Assessment period” means a period in respect of which universal credit may be payable to the individual in question in accordance with section 7 of the Welfare Reform Act 2012.
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