Duty to re-determine and period allowedS
6.—(1) On receiving a valid request under paragraph 4 to re-determine an individual’s entitlement to a carer’s allowance supplement the Scottish Ministers are to make a determination of the individual’s entitlement to that payment.
(2) The Scottish Ministers must aim to make that determination within the period of 16 working days beginning with—
(a)the day that the request for a re-determination is received by the Scottish Ministers, or
(b)in the case of a request for a re-determination to which paragraph 4(3) applies (late requests), 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 has a good reason for not requesting a re-determination sooner.
(3) If the Scottish Ministers fail to make the determination within that period—
(a)their duty to make the determination ends (but they may still make it), and
(b)paragraph 8 applies.
(4) For the purpose of sub-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(1).
Commencement Information
I1Sch. 2 para. 6 in force at 24.12.2020, see reg. 1
1971 c.80, paragraph 2 of schedule 1 sets out the Scottish bank holidays and was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).