Appeals to the First-tier Tribunal

This chapter is relevant to individuals who have applied for Adult Disability Payment (ADP) who want to appeal one of the following:

• a re-determination
• a determination, where a re-determination has not been made in the time allowed
• a process decision.

Social Security Scotland can make a decision about the process of applying for a benefit. A process decision can be about either:

• whether an individual has made a valid application for assistance or a valid request for a re-determination of their entitlement
• whether an individual has a good reason for asking for a late re-determination.

The First-tier Tribunal for Scotland Social Security Chamber is referred to as the First-tier Tribunal in this chapter.

The First-tier Tribunal is independent and, before making a decision on an appeal, it must both:

• listen to both sides involved in the appeal
• consider all the facts and evidence.

The First-tier Tribunal can agree with and uphold the determination made by Social Security Scotland. If it does not agree with the determination, it can make its own determination of the individual’s entitlement to the benefit. This means that the individual’s award could increase, decrease or stay the same