Commentary on Provisions Re-determinations Section 6: Withdrawal of request for re-determination
20.Under section 43 of the 2018 Act, if an individual requests a re-determination of their entitlement to assistance, the Scottish Ministers (acting through Social Security Scotland) are under a duty to make a new determination. But at present an individual cannot subsequently withdraw their request for re-determination, even if their circumstances have changed since making their request, or if they have otherwise changed their mind. Section 6 of the Act inserts a new section 42A into the 2018 Act, enabling an individual to ask Ministers to disregard a re-determination request.
21.In such a case, section 42A(2) provides that Ministers’ duty under section 43 ceases to apply, and they are not to make a determination of the individual's entitlement to the particular type of assistance mentioned in the request for re-determination.
22.Section 42A(3) provides that a request to Ministers to disregard a re-determination must be made in such form as Ministers require; and the requisite form for this must be publicised by Ministers, as per section 42A(4).