Section 49 First-tier Tribunal's power to determine entitlementI1

F1(1)

In an appeal under section 46 against a determination of an individual's entitlement to a particular type of assistance, the First-tier Tribunal may—

(a)

uphold the determination, or

(b)

make its own determination of the individual's entitlement to the type of assistance in question.

F2(2)

In exercising its power under subsection (1), the First-tier Tribunal—

(a)

must not take into account any circumstances which did not exist at the relevant time, but

(b)

may take into account circumstances which existed but were not known at the relevant time.

(3)

In this section—

“the relevant time” means the time at which the individual’s entitlement fell to be determined, under the applicable regulations, by the Scottish Ministers in making the original determination under section 37 in relation to that entitlement,
“the applicable regulations” means the regulations made under the section in Chapter 2 that describes the type of assistance in question.

Annotations

F1: Words in s. 49 renumbered as s. 49(1) (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 9(2)(a), 27(2); S.S.I. 2025/119, reg. 2, sch. (with reg. 3)
F2: S. 49(2)(3) inserted (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 9(2)(b), 27(2); S.S.I. 2025/119, reg. 2, sch. (with reg. 3)

I1: S. 49 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))