5. Challenging a decision

If you think a decision about your adult disability payment (ADP) is wrong, you can ask Social Security Scotland (SSS) to look at it again. This process is known as a ‘redetermination’. Note: this could result in a reduction of your benefit if you have an award of ADP, so seek advice. The time limit for requesting a redetermination is 42 days from the date of the determination. SSS then has 56 calendar days to notify you of the decision. If you are still not happy when you get this notice, you can appeal to the independent First-tier Tribunal for Scotland. If it was not possible to ask SSS to redetermine the decision within the time limit, but you ask for a redetermination within one year of the determination, this can be considered as long as you have ‘good reason’ for lateness. You can also ask SSS to look at a determination again at any time if certain grounds are met – eg, if there has been a change in your circumstances.

If your ADP ends or reduces (eg, after a review), you can apply for short-term assistance while you apply for a redetermination. This is a temporary, non-repayable payment while your redetermination or appeal is pending.