Section 41 Right to request re-determinationI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 41(1) words inserted by Social Security (Amendment) (Scotland) Act 2025 s. 8(3)(a)
s. 41(2)(b) words repealed by Social Security (Amendment) (Scotland) Act 2025 s. 5(2)(a)
s. 41(4)(b) word substituted by Social Security (Amendment) (Scotland) Act 2025 s. 5(2)(b)(ii)
s. 41(4)(b)(i) words inserted by Social Security (Amendment) (Scotland) Act 2025 s. 5(2)(b)(i)
s. 41(4)(b)(i) words inserted by Social Security (Amendment) (Scotland) Act 2025 s. 8(3)(b)
s. 41(4)(b)(ii) substituted by Social Security (Amendment) (Scotland) Act 2025 s. 5(2)(b)(iii)

(1)

An individual may request that the Scottish Ministers re-determine the individual's entitlement to a particular type of assistance after being informed (in accordance with section 40) of a determination by the Ministers of the individual's entitlement to that type of assistance.

(2)

A request for a re-determination is valid only if the conditions set out in the following subsections are satisfied—

(a)

subsection (3), and

(b)

subsection (4) F1(read with section 52A).

(3)

The condition referred to in subsection (2)(a) is satisfied if the request is made in such form as the Scottish Ministers require.

(4)

The condition referred to in subsection (2)(b) is satisfied if—

(a)

the request is made before the end of the period prescribed by the Scottish Ministers in regulations, or

(b)

in a case where the request is made after that period has ended—

(i)

the individual has a good reason for not requesting a re-determination sooner (see section 42), and

(ii)

the request is made before the end of the day that falls one year after the day on which the individual is informed (in accordance with section 40) of the determination F2(but see section 52A).

(5)

The Scottish Ministers must publicise any requirements for the time being set under subsection (3).

(6)

If the Scottish Ministers decide that something purporting to be a request for a re-determination does not satisfy the condition in subsection (3), they must inform the individual concerned of—

(a)

the decision,

(b)

the reasons for it, and

(c)

the individual's right to appeal under section 61.

Annotations

Textual amendments

F1: Words in s. 41(2)(b) inserted (7.4.2020) by Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 2(a) (with ss. 11-13)
F2: Words in s. 41(4)(b)(ii) inserted (7.4.2020) by Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 2(b) (with ss. 11-13)

Commencement

I1: S. 41 in force at 22.10.2018 by S.S.I. 2018/298, reg. 2(1)(g) (with reg. 3) (as amended (10.12.2019) by S.S.I. 2019/406, regs. 1, 2(2))