Child Disability Payment decision making guide

Right to Appeal to the First-tier Tribunal

An individual has the right to appeal to the First-tier Tribunal against a re-determination of their entitlement to assistance (SS(S) Act 2018, s.46(1)(a)).

There may be cases where the re-determination is not completed within 56 calendar days of the request for the re-determination being made. In these cases, Social Security Scotland notifies the individual that it has failed to make the re-determination in the time allowed, and gives the individual a form to complete if the individual wants to appeal.

The individual has the right to complete the appeal form and return it to Social Security Scotland if they do not want to wait for the re-determination to be carried out (SS(S) Act 2018, s.46(1)(b)).

See the chapter on Re-determinations for more information about both:

  • late requests for re-determinations
  • what counts as a good reason for a late request for a re-determination

An individual also has the right to appeal against Social Security Scotland’s process decisions1. This means that an individual has the right to appeal a decision that does not accept that the individual:

  • has made a valid application for assistance
  • has made a valid request for a re-determination of their entitlement
  • has a “good reason” for requesting a re-determination after 42 calendar days of the original determination (1 SS(S) Act 2018, s.61)

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