Section 42 Late request for re-determinationI1

(1)

It is for—

(a)

the Scottish Ministers, or

(b)

on appeal under section 61, the First-tier Tribunal for Scotland,

to decide whether, for the purpose of section 41(4)(b), an individual has a good reason for not requesting a re-determination sooner.

(2)

Having made a decision under subsection (1), the Scottish Ministers must inform the individual concerned—

(a)

of the decision, and

(b)

if the decision is that the individual has no good reason for not requesting a re-determination sooner, of—

(i)

the reasons for the decision, and

(ii)

the individual's right to appeal under section 61.

Annotations

I1: S. 42 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))