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Challenging a decision about your Adult Disability Payment

If you feel that your Personal Independence Payment was 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 deciding how you’re going to challenge a decision. 

You can get advice from:

A re-determination 

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.

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’ve the right to appeal if Social Security Scotland take longer than 56 days.

Warning

Once you’ve asked Social Security Scotland to carry out a re-determination, legally they’re not allowed to stop the process, even if you’ve changed your mind.

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.

If you need help communicating with Social Security Scotland

An independent advocate cannot give you advice about your Adult Disability Payment.

They can help you:

  • understand your options
  • tell Social Security Scotland what you want

Get extra support from an independent advocate.

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