An individual appealing a re-determination has 31 calendar days beginning with the date they are informed of the outcome to request an appeal (SS(S) Act 2018, s.48(1)(a) and s.48(2)(a)(i)).

There are cases where a determination has not been re-determined within 56 calendar days allowed for it. These individuals have 31 calendar days beginning with the date they are notified that Social Security Scotland have failed to make a re-determination within the period allowed, to request an appeal (SS(S) Act 2018, s.48(1)(a) and s.48(2)(a)(ii)).

An individual is presumed to have received the re-determination outcome 48 hours after it is sent to them by Social Security Scotland.

Similarly, an individual is presumed to have received the notification that a re-determination has not been made within the period allowed 48 hours after it is sent to them by Social Security Scotland.

In both cases this is unless the individual can show that they received it earlier or later.

Social Security Scotland must send the re-determination outcome or the notification that a re-determination has not been sent on time either (SS(S) Act 2018, s.62(1) and s.62(2):

• by post to the most recent address
• by email to the most recent email address that Social Security Scotland has for the individual.

The First-tier Tribunal will consider an application for an appeal if the individual submits it after 31 calendar days. The First-tier Tribunal must be satisfied that there is a good reason for not applying sooner before it gives permission to allow the appeal to proceed in this case (SS(S) Act 2018, s.48(1)(b) and s.48(3); The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 20(9)(a)).

No appeal request can be considered after a year has passed from the date the individual is notified of the re-determination or from the date the individual is notified that they can appeal against the determination because Social Security Scotland has not completed the re-determination within 56 days (SS(S) Act 2018, s.48(1)(c); The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 20(9)(b)).

An appeal is brought when the completed appeal form is received by Social Security Scotland. Any period between Social Security Scotland:

• receiving the appeal form from the individual
• sending it to the First-tier Tribunal is not counted in relation to these timescales

Social Security Scotland must forward the individual’s notice of appeal to the First-tier Tribunal, even if they receive it after the deadlines for appealing have passed, or even if it appears that there is something wrong with the appeal (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 20(10)).