Child Disability Payment decision making guide

How an individual can appeal to the First-tier Tribunal against a determination or re-determination

An individual can appeal by completing the appeal form1 , also called a ‘notice of appeal’. They should receive this with their re-determination letter or the letter telling them that a re-determination has not been made in the time allowed. They send it by post to Social Security Scotland in the pre-paid envelope provided (1 SS(S) Act 2018, s.47).

An individual can also contact Social Security Scotland by telephone and talk to a case manager about any support they might need to complete the appeal form.

An adviser can help the individual to complete the appeal form over the phone. They can also make an appointment for the individual to get face to face support in their local area or in their home. The adviser can only help them to understand and complete the form. They cannot advise the individual on what to write.

The notice of appeal must include all of the following information (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 20(5) 5):

  • the name and address of the individual who is appealing, known as “the appellant”
  • the name and address of the individual's representative, if they have one
  • a postal or email address for sending documents to the individual
  • the determination the individual is appealing against
  • the reasons for appealing

Social Security Scotland should do all it can to help individuals who want to appeal by:

  • providing information about the process
  • providing the right form to make an appeal
  • signposting to organisations who can support the individual with the process

Once it receives the notice of appeal, Social Security Scotland must prepare and send the following to the First-tier Tribunal (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 20(7) and 20(8)):

  • the individual’s notice of appeal
  • the information Social Security Scotland used to make the original determination and the re-determination, if a re-determination has taken place

Operational guidance sets out what must be sent to the First-tier Tribunal.

Social Security Scotland must write to the individual and tell them that they have sent this to the First-tier Tribunal.

If the First-tier Tribunal accepts a notice of appeal as having enough information to be valid, it must tell the individual and Social Security Scotland (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 21(1)). Where the First-tier Tribunal considers the notice of appeal to be invalid it will notify the individual.

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