This chapter is relevant to an individual who has received or is receiving Child Disability Payment (CDP), and who applies for Short-term assistance (STA).

An individual can apply for STA when a new determination of entitlement by Social Security Scotland results in both:

• an individual’s overall entitlement being reduced as a result of entitlement to a component either being reduced to a lower rate or ending altogether
• the individual asking for a re-determination or appeal

Individuals who apply for CDP for the first time can only apply for STA at appeal stage. This is because it is only at that stage that the client has had 2 earlier determinations, i.e the determination made initially and then the determination made at re-determination stage which supersedes the original determination. STA is only payable where the value of entitlement at re-determination stage is lower than the value of entitlement at initial determination.

An individual can apply for STA when a new determination of entitlement by Social Security Scotland results in both:

• An individual’s overall entitlement being reduced as a result of entitlement to a component either being reduced to a lower rate or ending altogether
• the individual asking for a re-determination or appeal.

STA is set out in section 36 of the Social Security (Scotland) Act 2018 (“the Act”). Its purpose is that an individual is not discouraged from either

• challenging the determination to stop or reduce their ongoing entitlement
• accessing administrative justice by having to manage with a reduced income for a period of time.

STA is only available once the request for a re-determination or appeal is made.

STA is not payable during the period between the:

• determination being made
• individual deciding whether to request a re-determination or appeal.

Where a request for a re-determination is made, an individual can apply for STA at any time during the re-determination period up until a re-determination decision is made.

Where a request for an appeal is made, an individual can apply for STA at any time during the appeal period up until an appeal decision is made.

STA is available until the point that the First-tier Tribunal (FtT) make a final determination. It is not available during any further appeal to the Upper Tribunal or any other higher appellate court. If the initial FtT decision is set aside after a review by the FtT of their own decision, and there is a period of time between that happening and the FtT deciding the appeal again, STA will go back into payment. Social Security Scotland will make a determination without application on the individual’s entitlement to STA in this situation.

If an individual is unsuccessful in challenging the determination that reduced or stopped their payment they will not normally need to pay anything back. However, if it is later established that the person was overpaid STA because they did not meet its eligibility criteria, or were paid more than they were entitled to, they may be liable to repay. This includes circumstances where the individual claimed the original assistance fraudulently.