Challenging a Social Security Scotland benefit decision

The decision Social Security Scotland made about your benefit application is called a 'determination'.

If you don’t agree with a decision about your benefit application, you can ask Social Security Scotland to look at it again. This is called a 're-determination'.

A re-determination isn’t a review. Social Security Scotland will look at your application as if it is a new application, and will make a new decision. This means that the amount of benefit you are awarded can go up or down.

Check if you can ask for a re-determination

You can ask for a redetermination of:

• Adult Disability Payment

• Best Start Grant

• Carer's Allowance Supplement - but only if you applied from outside Scotland

• Carer Support Payment

• Child Disability Payment

• Child Winter Heating Payment

• Funeral Support Payment

• Pension Age Disability Payment

• Scottish Child Payment

• Short-term Assistance

• Winter Heating Payment

• Young Carer Grant.

You can ask for a re-determination if you think Social Security Scotland made the wrong decision - for example, if:

• your benefit application has been refused, but you think you’re eligible

• you disagree with the amount of benefit you’ve been awarded.

Process appeals

In some cases you can appeal without asking for a re-determination first - for example, if your benefit application is rejected because Social Security Scotland said it didn't have the correct information, but you sent all of the information needed. This is called a 'process appeal'.

Find out more about making a process appeal. 

Benefits paid by the DWP or HMRC

There is a different process for challenging benefits paid by the Department for Work and Pensions (DWP) or HM Revenue and Customs (HMRC). If you want to challenge a benefit that is paid by the DWP or HMRC, you can ask for a 'mandatory reconsideration'. Find out more about asking for a mandatory reconsideration.

How to ask for a re-determination

You don't have to explain why you want Social Security Scotland to look at your application again. But it’s likely to be helpful if you say:

• why you think the original decision was wrong

• if there’s any evidence they didn’t take into account.

You can ask for a re-determination:

• by post - by filling out the form that was sent with your decision letter

• by phone - by phoning Social Security Scotland. Take a note of the date, time and who you speak to

• online - check if you can ask for a re-determination online at mygov.scot.

Check the deadline to ask for a re-determination

You have 31 days from the date you got a decision, to ask for a re-determination of:

• Best Start Grant

• Carers Allowance Supplement - but only if you applied from outside Scotland

• Funeral Support Payment

• Scottish Child Payment

• Winter Heating Payment

• Young Carer Grant.

You have 42 days from the date you got a decision, to ask for a re-determination of:

• Adult Disability Payment

• Carer Support Payment

• Child Disability Payment

• Child Winter Heating Payment

• Pension Age Disability Payment

• Short-term Assistance.

You're assumed to have received a letter or an email 48 hours after Social Security Scotland has sent it, unless you can show that there was a delay in you getting the letter or email - for example, if you were in hospital or detained by the police.

If you miss the deadline

You can still ask for a re-determination, but you’ll need to give a good reason for missing the deadline. A good reason might be:

• you were very physically or mentally ill

• someone you care for was ill 

• you were away from home and didn’t get the decision letter on time - for example, if you were in hospital

• you didn’t understand the information in the letter, or the next steps you had to take.

Social Security Scotland doesn’t have to allow the re-determination. It helps if you have evidence. For example, if you were in hospital, try to get evidence such as a letter from the hospital. 

You’ll need to ask for the re-determination within 1 year of the original decision date. You can ask after 1 year if you missed the deadline because of coronavirus.

How long will the re-determination take

Social Security Scotland has 16 working days from getting your request, to make a re-determination decision about:

• Best Start Grant

• Carers Allowance Supplement - but only if you applied from outside Scotland

• Child Winter Heating Payment

• Funeral Support Payment

• Scottish Child Payment

• Winter Heating Payment

• Young Carer Grant.

Social Security Scotland has 56 days from getting your request, to make a re-determination decision about:

• Adult Disability Payment

• Carer Support Payment

• Child Disability Payment

• Pension Age Disability Payment

• Short-term Assistance.

If you make a late re-determination request, the time limit for Social Security Scotland to make the re-determination begins on the day of the decision to accept your late request. The decision to accept your late request could be made by Social Security Scotland or by the First-tier Tribunal (Social Security Chamber).

Social Security Scotland will write to you to tell you what it has decided. It must give you reasons for the decision.

If the re-determination decision is late 

If the re-determination decision is late, you can appeal to the First-tier Tribunal (Social Security Chamber).

Social Security Scotland must write to you and tell you if it hasn't made the decision within the time limit. It must tell you about your right to appeal and include a form for you to use if you want to appeal.

Read more about appealing to the First-tier Tribunal (Social Security Chamber).

Get help to ask for a re-determination

You can fill in a form to authorise someone to speak to Social Security Scotland on your behalf. This might be helpful if you feel unable to find the information you need or understand things about your application. You can download a third-party authorisation form on mygov.scot.

Get help from an advocate if you're disabled

If you’re disabled or have a health condition, you can get help from the Independent Advocacy Service with appealing a Social Security Scotland decision. The service is provided by VoiceAbility.

You can get an advocate to help you express your views, get the information you need and make decisions.

You can get an advocate by:

• asking Social Security Scotland to refer you to the Independent Advocacy Service. Find out how to contact Social Security Scotland on mygov.scot

• contacting VoiceAbility. Find out more on the VoiceAbility website.

You won’t be eligible for the service if you already have someone acting for you, such as an appointee or someone with a power of attorney.

Financial help while challenging a decision about a disability payment

If you’re challenging a decision to reduce or stop your Child, Adult or Pension Age Disability Payment, you can apply for Short-term Assistance. This is a payment from Social Security Scotland to help you while you challenge a decision.

You can apply for the payment by ticking the box on the re-determination or appeal form or asking Social Security Scotland over the phone.

If you don't agree with the decision about your application for Short-term Assistance, you can ask for a re-determination of that decision.

Find out more about Short-term Assistance. 

Appealing to the First-tier tribunal

If you don't agree with the re-determination, you can appeal to the First-tier Tribunal (Social Security Chamber). You should appeal within 31 days of being told the result of your re-determination. If you miss the deadline, you might be able to make a late appeal if you’re within 1 year of the determination. You can appeal after the 1 year time limit if you missed the deadline because of coronavirus. You'll need the tribunal’s permission to make a late appeal.

Read more about appealing to the First-tier Tribunal (Social Security Chamber).

Other help you can get

If you're not awarded a payment or you still need more help, you can find out about:

• other sources of help if you're struggling with living costs 

• grants from charities - you can search for grants on the Turn2us website.

If you need more help with your re-determination or other issues to do with benefits, you can get advice from a Citizens Advice Bureau.