Determinations made in respect of payment of STA are subject to redetermination and appeal rights. The timeframes in respect of requesting a redetermination or appeal of an STA determination are the same as that which apply to

Child Disability Payment. A client has 42 calendar days to request a re-determination and 31 days to submit an appeal (Social Security (Scotland) Act 2018 s. 41).

If a request for a re-determination is made after the period of 42 calendar days it is considered late. If Social Security Scotland consider that there is a good reason for a late request, they can accept the request for a re-determination. This can be up to a maximum of one year from when the individual was informed of the determination that they want to be re-determined1 .

1 Social Security (Scotland) Act 2018 s.41(4)(b)

Social Security (Scotland) Act 2018 s. 41(4)(b) 9. Social Security Scotland may only consider late re-determination requests if both1.

1 Social Security (Scotland) Act 2018 s.41(4)(b)

• the individual has good reason for not requesting a re-determination sooner
• the request is made before the end of the day that falls one year after the day the individual was notified of the determination. If the request is made after one year, it can only be accepted where the good reason is related to coronavirus2

1 Social Security (Scotland) Act 2018 s. 41

2 Social Security (Scotland) Act 2018, Section 52A (1)

Social Security Scotland must complete a STA re-determination within 56 calendar days.

If Social Security Scotland does not make the re-determination within 56 calendar days, they must inform the individual that:

• the re-determination has not been completed within the timescales allowed by the regulations
  
• they have the immediate right of appeal to the First-tier Tribunal for Scotland against the determination made under section 37 of the Act which resulted in the request for a re-determination
• provide the individual with an appeal form 1
  

1 Social Security (Scotland) Act 2018 s. 45(1)

There is no provision in the regulations or the 2018 Act that allows for an individual to withdraw a request for a re-determination.