Section 46 Right to appeal to First-tier Tribunal against determinationI1

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

s. 46(1)(b) words inserted by Social Security (Amendment) (Scotland) Act 2025 s. 8(5)(a)
s. 46(2) word repealed by Social Security (Amendment) (Scotland) Act 2025 s. 7(5)(a)
s. 46(2)(a) words inserted by Social Security (Amendment) (Scotland) Act 2025 s. 8(5)(b)
s. 46(2)(aa) inserted by Social Security (Amendment) (Scotland) Act 2025 s. 7(5)(b)
s. 46(2)(b) word substituted by Social Security (Amendment) (Scotland) Act 2025 s. 7(5)(c)(i)
s. 46(2)(b) words repealed by Social Security (Amendment) (Scotland) Act 2025 s. 7(5)(c)(ii)

(1)

An individual may appeal to the First-tier Tribunal for Scotland—

(a)

against a determination under section 43 of the individual's entitlement to assistance, or

(b)

in a case where subsection (2) applies, against the determination under section 37 referred to in that subsection.

(2)

This subsection applies where—

(a)

having been informed of a determination under section 37 of the individual's entitlement to assistance, the individual has made a request for a re-determination under section 41, and

(b)

the Scottish Ministers have failed to make a determination under section 43 in consequence of that request within the period allowed for re-determination.

Annotations

Commencement

I1: S. 46 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))