Your Adult Disability Payment is based on your Disability Living Allowance (DLA).
You might disagree with things like:
how much you’re going to be paid
the date your payments will start
If you think your Adult Disability Payment is incorrect, you can:
ask for a re-determination
- wait until Social Security Scotland reviews your Adult Disability Payment
You may want to wait for Social Security Scotland to review your Adult Disability Payment. If you make a re-determination request for your interim award you should be aware that:
your award could increase, reduce, stay the same or stop
you cannot withdraw your re-determination request after you submit it
you cannot ask for another re-determination once Social Security Scotland make a new decision
You have the right to appeal Social Security Scotland’s re-determination decision about your application for Adult Disability Payment.
You should get independent advice before asking for a re-redetermination. This is because you may be better off financially if you wait for this review.
Get advice before you decide
It’s a good idea to get some advice before deciding how you’re going to challenge a decision.
You can get advice from:
When you get a letter from Social Security Scotland telling you how much your payments will be, you can ask them to look at this ‘determination’ again.
A ‘determination’ is the legal term for the decision Social Security Scotland has made about how much your Adult Disability Payment will be.
A ‘re-determination’ is the legal term for a new decision that’s made by a different team at Social Security Scotland.
This is when a new team at Social Security Scotland take a look at your original application for the benefit. They’ll look at all the information you provided and make a new decision about things like:
- whether you should get the payment
- how much you should get
- from what date you should be paid
This team will not have been involved in making the original decision about whether you should get this benefit.
From the date of the letter, you have 42 days (6 weeks) to ask for a re-determination.
Social Security Scotland has 182 days to make their re-determination. You have the right to appeal if Social Security Scotland take longer than 56 days.
You cannot withdraw your re-determination request once you have made it. This is because Social Security Scotland is legally required to complete the re-determination process and give you a new decision.
If you’re unhappy with the new decision about your Adult Disability Payment after a re-determination, you can ask for an appeal.
You can only request an appeal if you’ve already requested a re-determination and you disagree with the decision. Appeals are totally independent from Social Security Scotland. They are where you can request First-tier Tribunal for Scotland to look at your application and make a decision about whether you should get the benefit. You must request a re-determination and have received a decision before you can request an appeal.
Find out more about what to do if you do not agree with your Adult Disability Payment decision.
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