SCHEDULE 2Procedural Matters: Carer’s Allowance Supplement

PART 2Re-determination of entitlement

Notice where re-determination not made timeouslyI18

1

Where the Scottish Ministers fail to make a determination under paragraph 6 within the period allowed by paragraph 6(2), the Scottish Ministers must—

a

inform the individual—

i

that the individual’s request for a re-determination has not been dealt with within the period allowed, and

ii

that the individual therefore has the right to appeal to the First-tier Tribunal against the determination under regulation 5 which prompted the request for a re-determination, and

b

provide the individual with a form that the individual can complete and submit to the Scottish Ministers in order to bring an appeal against the determination.

2

The Scottish Ministers must fulfil their duty under sub-paragraph (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.