Commentary on Provisions Re-determinations Section 5: Re-determination and appeal deadlines in exceptional circumstances
18.As with section 52B, section 52A was amended into the 2018 Act by the Coronavirus (Scotland) Act 2020. Under section 52A, requests to the Scottish Ministers for re-determinations of entitlement to assistance must be considered valid beyond the maximum period of one year prescribed by the 2018 Act, where the reason for delay was related to coronavirus; appeals against determinations of entitlement may also be brought beyond the maximum prescribed period of one year, where the First-tier Tribunal is satisfied that the reason for the delay was related to coronavirus.
19.Section 5 of the Act repeals section 52A and instead, through a series of amendments to Chapter 3 of Part 2 of the 2018 Act, gives Ministers (acting through Social Security Scotland) discretion to accept late requests for re-determination beyond the one-year prescribed period on the basis of ‘exceptional circumstances’, rather than only for reasons relating to coronavirus. Similarly, appeals against determinations of entitlement will be able to be brought, with the permission of the First-tier Tribunal, beyond the one-year prescribed period on the basis of ‘exceptional circumstances’, rather than only for reasons relating to coronavirus. The intention is that examples of ‘exceptional circumstances’ will be provided in guidance: for instance, severe physical or mental illness, unstable housing, abuse or detainment.