Paragraph 16 Duty to re-determine and period allowedI1
Scotland
On receiving a valid request under paragraph 14 to re-determine an individual's entitlement to a Scottish child payment, the Scottish Ministers are to make a determination of the individual's entitlement to that payment.
The Scottish Ministers must aim to make that determination within the period of 16 working days beginning with—
the day that the request for a re-determination is received by the Scottish Ministers,F1...
in the case of a request for a re-determination to which paragraph 14(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 F2, or
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.
If the Scottish Ministers fail to make the determination within that period—
their duty to make the determination ends (but they may still make it), and
paragraph 18 applies.
Annotations
Textual amendments
- F1
Word in sch. para. 16(2)(a) omitted (9.2.2022) by virtue of The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 2(3)(a)
- F2
Sch. para. 16(2)(c) and word inserted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 2(3)(b)
Commencement
- I1
Sch. para. 16 in force at 9.11.2020, see reg. 2