Challenging a decision about your Adult Disability Payment
If you feel that your Personal Independence Payment is wrong
Your Adult Disability Payment will be based on your Personal Independence Payment (PIP).
If you think your Adult Disability Payment is incorrect, once it starts you can:
- ask for a re-determination
- wait until Social Security Scotland reviews your Adult Disability Payment
Social Security Scotland will review your Adult Disability Payment around the same time as the Department for Work and Pensions (DWP) would have reviewed your PIP.
If your needs have changed since your last PIP decision, you can also tell Social Security Scotland about the change.
You may want to wait for Social Security Scotland to review your Adult Disability Payment if your benefit is moving because:
- DWP was due to review your PIP
- you reported a change to DWP
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 challenging a decision.
You can get advice from:
- any organisation that's helped you in the past
- Citizens Advice Scotland
- Social Security Scotland
What a re-determination is
When your benefit moves across, you'll get a letter from Social Security Scotland, telling you how much you'll get. This is called a 'determination'. If you think it's wrong, then you can ask for a 're-determination'.
Find out more about what a re-determination is.
A ‘re-determination’ is the legal term for a new decision that’s made by a different team at Social Security Scotland.
From the date of the letter, you have 42 days (6 weeks) to ask for a re-determination.
Social Security Scotland has 56 days to make their re-determination. You have the right to appeal if Social Security Scotland take longer than 56 days.
Once you’ve asked Social Security Scotland for a re-determination, they'll have to see it through. The law says they cannot stop the process, even if you change your mind.
How to ask for an appeal
If you’re unhappy with the new decision about your Adult Disability Payment after a re-determination, you can ask for an appeal.
You cannot appeal unless you’ve asked for a re-determination first. If Social Security Scotland has not made a re-determination after 56 days, you can make an appeal directly to the First-tier Tribunal.
Find out more about what to do if you do not agree with your Adult Disability Payment decision.
Get help from an independent advocate
An independent advocate is someone who can give you extra support to:
- understand your options
- make sure your needs are met by Social Security Scotland
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