Scottish Benefits - how to challenge a decision you are unhappy with

Deciding to appeal a decision that you are not happy with is not difficult. This page will look at the process for challenging Scottish Benefits. We strongly recommend you get advice and try to get representation for your appeal as quickly as you can. If you have already lodged an appeal you can still add details of a representative afterwards but you should do so as soon as you can and before being given a date for your appeal to ensure your representative will be available. 

What are the Scottish Benefits

Since 2016 the Scottish Government through its own agency, Social Security Scotland, has had increasing responsibility for delivering Social Security in Scotland. Some of the benefits are new, the Scottish Child Payment for example, and some are replacing DWP benefits, for example, Child Disability Living Allowance has been replaced by Child Disability Payment. The rules for these benefits are new or are similar to the Benefits they are replacing. Here is a list of the current Scottish Benefits

• Adult Disability Payment 
• Best Start Grant Pregnancy and Baby Payment 
• Best Start Grant Early Learning Payment 
• Best Start Grant School Age Payment 
• Best Start Foods 
• Carer's Allowance Supplement 
• Child Disability Payment
• Child Winter Heating Assistance 
• Funeral Support Payment 
• Job Start Payment 
• Scottish Child Payment
• Young Carer Grant 

For information on Scottish benefits that you may be entitled to visit the Social Security Scotland website. 

As with DWP benefits, most of the Scottish benefits have a right to appeal. The rules of appeal are similar to DWP rules, however there are some major differences.

Determination (new name for a decision) 

In Social Security Scotland, a Decision is called a Determination. A determination notice must be sent to the claimant by mail. It tells the claimant what they can do if they do not agree with the determination.

When Social Security Scotland make a determination on your claim for any Scottish benefit, they will advise how you how to ask them to look at the decision again. A determination can be challenged by asking for a re-determination, which must be asked for within the time limit. The time limit is specified on the determination notice. If you miss the time limit you can still ask for a re-determination up to 12 months after the original determination was issued but you will need to explain why you were late in applying.

Re-determination's must be asked for in the manner specified by Social Security Scotland, which is usually by phone or by completing a re-determination form. Social Security Scotland must send a re-determination form along with the determination letter, and if you want Social Security Scotland to carry out a re-determination you must either use the form or phone Social Security Scotland free on 0800 182 2222 (8am to 6pm, Monday to Friday). 

If you do not use the methods as described above Social Security Scotland can determine that the request for a re-determination is invalid.

Time limits for asking for a re-determination

The time limit for asking for a re-determination is 42 days from the date the decision is sent to you. If you are late you can still ask for a late re-determination provided you have good reason for being late and you ask for it within one year of the decision being notified to you. 

Time limits on Social Security Scotland to decide re-determination 

A unique feature of the Scottish Social Security system is the placing of time limits for them to make re-determinations. Should a re-determination not be made by the time limit you will be written to and told that you can make your appeal at that point, without needing to wait for the re-determination decision. The time for carrying out the re-determination is dependent on the benefit, for some it is 16 working days for others it can be 56 working days.

No re-determination within the allowed time

If Social Security Scotland cannot carry out the re-determination within the time allowed their duty to make a decision end. They must notify you that they failed to make the re-determination in time and tell you that you can appeal the decision at a tribunal. They should also include an appeal form with their notice letter. 

Unhappy with a re-determination? You can appeal

If you do not like the re-determination decision you may be able to appeal to a tribunal, although for some of the Scottish benefits the only option is to ask for another re-determination.

When you receive the re-determination notice it will tell you that you can appeal if you wish. It should include a copy of the appeal form and the telephone number to Scottish Social Security. 

You can let Social Security Scotland know that you want to appeal by phoning Social Security Scotland free on 0800 182 2222 (8am to 6pm, Monday to Friday) or applying by paper form and returning the form to: Social Security Scotland, PO Box 10309, Dundee, DD1 9GF. 

If you want to appeal you should use the provided form. Scottish benefit appeals can be rejected as invalid if not done using the correct form. 

The time limit for appealing a Scottish benefit decision in time is 31 days from the date the decision is issued. Decisions can be appealed late up to 12 months after the re-determination decision was made, though for an out of time appeal you must give reasons about why you are appealing late.

Process Appeals

A process appeal is about whether you followed the correct procedures when making a claim for benefit, or your re-determination request is not considered to be valid, or your appeal against the re-determination decision has been made correctly.

As it is concerned not with entitlement but whether the correct processes were followed then appeals can be made directly to The Scottish Tribunal Service. 

A process appeal can be made directly to the First-tier tribunal without asking for a re-determination first.

The Scottish Courts and Tribunal Service have created a form for making a process appeal. 

Should you succeed with your process appeal, the decision-making process will begin on that day.

Short Term Award

The new Scottish disability Benefits, Child Disability Payment (CDP) and Adult Disability Benefit (ADP) have a unique safety feature for those whose existing award is reduced on determination or on re-determination. This new feature is called Short-Term Award (STA) and is designed to top up the award of the person asking for a re-determination or appeal against the decision to reduce the pre-existing award, 

It is payable until the (first tier) appeal is finished and is not recoverable should the appeal be unsuccessful. STA does not help with DWP benefits that are dependent on a higher level of award,  

Claims for short term award are made using a modified re-determination or appeal form, which acts as a claim form. 

Representation at appeals 

We recommend that if you are appealing a decision you should have a Welfare Rights representative. The reason for our recommendation is that more appeals are successful when a person has a Welfare Rights representative than not.

A Welfare Rights representative can advise about evidence you might get, and how to get it, they can also advise you about appeal procedures and matters related to appeal hearings.

You do not need to have a Welfare Rights representative; you do not need a representative at all but if you choose to appeal and attend a hearing, at the very least you should not go alone, take a friend.

Finally, there is no charge if you use Glasgow Welfare Rights as your representative, typically most advice agencies do not charge for this service. 

Welfare Rights Team Contact details 

Glasgow Welfare Rights Service
Glasgow City Health & Social Care Partnership
City Chambers East
40 John Street
Glasgow
G1 1JL
Phone: 0141 287 8732
Email: welfarerights@glasgow.gov.uk