Call for Evidence for the Independent Review of Adult Disability Payment
Section 4 - Decisions, re-determinations and appeals
The set of questions cover re-determinations and appeals against Adult Disability Payment decisions, which is described in Section 4 of the call for evidence paper.
Background
People who receive a decision about Adult Disability Payment have the right to ask Social Security Scotland to look again at the decision if they disagree with it.
This is called a re-determination and the decision will be looked at again by a different team.
People have 42 calendar days to ask for a re-determination, as some people may need longer to get advice and support with the process.
Social Security Scotland can accept a late re-determination request, up to a maximum of one year, if there is a good reason for it. The re-determination process involves completing and submitting an online or paper form and returning it to Social Security Scotland.
Social Security Scotland has 56 calendar days to make a new decision once it has received a re-determination request.
In Scotland, a person has the right to appeal directly to the First-Tier Tribunal for Scotland’s Social Security Chamber if Social Security Scotland does not complete the re-determination process within the 56 calendar days.
During the re-determination process, short-term assistance is available where a person’s existing entitlement has been reduced or stopped. Short-term assistance is a temporary payment which tops up the amount a person is paid to ensure they continue to receive the same amount of money they were getting (even if their entitlement to Adult Disability Payment has ended). This does not need to be paid back.