Independent Review of Adult Disability Payment: consultation

Section 8 – Re-determinations

People who get 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 in Social Security Scotland.

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 late, 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 56 calendar days. If Social Security Scotland does not change the original decision, the person can appeal this decision at a tribunal.

During the re-determination process or appeal, 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.

Disagreeing with a decision about PIP

People who disagree with a decision about PIP can ask the UK Government to reconsider the decision^[9]. This is called a mandatory reconsideration and involves sending a hard copy letter stating the reasons for the disagreement within one month of the decision letter.

However, people can still ask for a mandatory reconsideration within 13 months of the decision letter if it was not possible for them to ask for this by the one-month deadline. DWP does not have a time limit to respond and does not have an equivalent to short-term assistance payments whilst the decision is being made.

An appeal cannot take place until the mandatory reconsideration process is complete.

The following question asks about re-determinations for Adult Disability Payment.

Question 16

Have you ever asked for a decision on an Adult Disability Payment application to be looked at again through the re-determination process?

• Yes
• No
• Don’t Know

If you said “yes”:

(a) Do you feel that you were treated with dignity, fairness and respect?

• Yes
• No
• Don’t Know

(b) Did you receive regular updates about what was happening?

• Yes
• No
• Don’t Know

(c) What do you think worked well about the re-determination process?

(d) What would you change about this process?