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.

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

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