Child Disability Payment decision making guide
Re-determinations and Appeals
Re-determinations involve Social Security Scotland reconsidering an existing determination of entitlement to assistance.
An individual can request a re-determination of any determination of entitlement (SS(S)A 2018, s. 41(1)).
Individuals can request a re-determination by either calling Social Security Scotland, or completing the re-determination form that accompanies every determination of entitlement.
The individual has 42 calendar days from the date on which they were informed of a determination. The date the individual is informed is the date of issue of the determination plus 48 hours (CDP Regs, reg. 37(1) and Interpretation and Legislative Reform (S) Act 2010 s 26 (5)).
Re-determination of a successful application
An individual or their representative may ask for a re-determination of the start date of payment for a successful SRTI application.
Guillaume’s application was received on 15 June. Following this a BASRiS form for them is received which has a date of 7 June.
The award was incorrectly processed to have a start date of 15 June.
Guillaume’s parent requests a re-determination because the start date of their award of CDP should match the date on the BASRiS form.
The case manager carries out a re-determination and decides that the new award start date is 7 June. Guillaume should be paid any arrears of CDP between 7 and 15 June.
Re-determination of an unsuccessful application
An individual or their representative can ask for a re-determination of an unsuccessful SRTI application. An individual’s SRTI application can be unsuccessful because of one, several or all the following reasons:
- confirmation of terminal illness not received
- they do not meet residence criteria
- they do not have recourse to public funds
- case manager has wrongly concluded that the diagnosis was not given by a RMP or a RN who is involved in the diagnosis or care of the individual.
If the individual does not meet the conditions for the assistance, they would need to:
- ask for a re-determination and
- give supporting information which confirms that they do meet the conditions for the assistance, for example a BASRiS form