The Social Security (Period for Re-determination Requests) (Miscellaneous Amendments) (Scotland) Regulations 2021

Made: 9th December 2021

Laid before the Scottish Parliament: 13th December 2021

Coming into force: 9th February 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 43(5) of the Social Security (Scotland) Act 2018[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Period for Re-determination Requests) (Miscellaneous Amendments) (Scotland) Regulations 2021 and come into force on 9 February 2022.

• (2) In these Regulations—

• “the Best Start Grant Regulations” means the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018[^f00002],

• “the Funeral Expense Assistance Regulations” means the Funeral Expense Assistance (Scotland) Regulations 2019[^f00003],

• “the Young Carer Grants Regulations” means the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019[^f00004],

• “the Child Winter Heating Assistance Regulations” means the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020[^f00005].

Amendment to the Best Start Grant Regulations

2

• (1) The Best Start Grant Regulations are amended in accordance with paragraph (2).

• (2) In schedule 1—

• (a) in paragraph 2(1) (period allowed for re-determination)—

• (i) at the end of sub-paragraph (a) omit “or”,

• (ii) at the end of sub-paragraph (b) insert—

, or (c) 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.

Amendment to the Funeral Expense Assistance Regulations

3

• (1) The Funeral Expense Assistance Regulations are amended in accordance with paragraph (2).

• (2) In regulation 6(2) (periods for redetermination requests)—

• (a) at the end of sub-paragraph (a) omit “or”,

• (b) at the end of sub-paragraph (b) insert—

, or (c) in a case where the Scottish Ministers have informed the applicant 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 applicant in question has made the request in such form as the Scottish Ministers require.

Amendment to the Young Carer Grants Regulations

4

• (1) The Young Carer Grants Regulations are amended in accordance with paragraph (2).

• (2) In regulation 9(2) (periods for redetermination requests)—

• (a) at the end of sub-paragraph (a) omit “or”,

• (b) at the end of sub-paragraph (b) insert—

, or (c) in a case where the Scottish Ministers have informed the applicant 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 applicant in question has made the request in such form as the Scottish Ministers require.

Amendment of the Child Winter Heating Assistance Regulations

5

• (1) The Child Winter Heating Assistance Regulations are amended in accordance with paragraph (2).

• (2) In regulation 9(2) (periods for re-determination requests)—

• (a) at the end of sub-paragraph (a) omit “or”,

• (b) at the end of sub-paragraph (b) insert—

, or (c) 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.

Signed

BEN MACPHERSON — Authorised to sign by the Scottish Ministers — 9th December 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (S.S.I. 2018/370), the Funeral Expense Assistance (Scotland) Regulations 2019 (S.S.I. 2019/292), the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (S.S.I. 2019/324), and the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 (S.S.I. 2020/352).

The amendments clarify when the period for re-determination begins in a case where the First-tier Tribunal has decided that a request for re-determination has been validly made.

Footnotes

[^f00001]: 2018 asp 9.

[^f00002]: S.S.I. 2018/370, as relevantly amended by S.S.I. 2019/110.

[^f00003]: S.S.I. 2019/292.

[^f00004]: S.S.I. 2019/324.

[^f00005]: S.S.I. 2020/352.