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The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020
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- Scottish Statutory Instruments
- 2020 No. 352
- Regulation 9
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- 09/11/2020- Amendment
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- 09/02/2022
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Periods for re-determination requestsS
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9.—(1) The period for requesting a re-determination of entitlement to child winter heating assistance under section 41 of the 2018 Act M1 is 42 days beginning with the day that the individual is informed, in accordance with section 40 of that Act, of the right to make the request.
(2) In relation to determining entitlement to child winter heating assistance, the period allowed for re-determination (within the meaning of section 43 of that Act M2) is 16 working days beginning with—
(a)the day that the request for a re-determination is received by the Scottish Ministers, F1...
(b)where the request for a re-determination is received by the Scottish Ministers later than the period prescribed by paragraph (1), the day on which the Scottish Ministers, or, on appeal, the First-tier Tribunal for Scotland, decide that the individual has a good reason for not requesting the re-determination soone [F2, 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.]
(3) For the purpose of paragraph (2), 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 M3.
Textual Amendments
F1Word in reg. 9(2)(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), 5(2)(a)
F2Reg. 9(2)(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), 5(2)(b)
Commencement Information
I1Reg. 9 in force at 9.11.2020, see reg. 1
Marginal Citations
M1Section 41 was amended by paragraph 2 of schedule 7 of the Coronavirus (Scotland) Act 2020 (asp 7) (“the 2020 Act”). Paragraph 4 of that schedule inserted section 52A into the Social Security (Scotland) Act 2018 (asp 9) which relaxed the deadlines for re-determinations and appeals to address the effects of coronavirus.
M2Section 43 was amended by paragraph 5 of schedule 7 of the 2020 Act.
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