Re-determinations and appeals

The transfer determination is subject to the same rights to re-determination and appeal as any other Adult Disability Payment determination (ADP Transitional and Miscellaneous Amendment Regs, reg 8).

For Working Age Disability Living Allowance case transfers the client has the same timescales in which to request a re-determination (i.e. 42 days) (ADP Transitional and Miscellaneous Amendment Regs, reg 8(1)). However, the timescale for Social Security Scotland to make a decision following a redetermination request of the transfer determination is extended to 182 days compared to other re determinations of other benefits and case transfers. This is because of the difference in eligibility rules between Disability Living Allowance and Adult Disability Payment. If a client requests re-determination of the transfer determination:

• Social Security Scotland will request the forms and evidence from the Department of Work and Pensions if not already obtained.
• Social Security Scotland then has 182 days from the date of re-determination request to make a new determination before the client has the right to request an appeal to the first tier tribunal (ADP Transitional and Miscellaneous Amendment Regs, reg 8(2)).

Where a re-determination of the transfer determination is requested, the individual’s Adult Disability Payment award will need to be reviewed in line with the usual Adult Disability Payment eligibility rules, not simply compared to the rates of Disability Living Allowance they had before their award was transferred.

Any request for a re-determination of the review determination – or any other determination apart from the transfer determination – is subject to the usual rules and timescales for re-determinations and appeals.