Application for a re-determination
An individual receives a notice of the determination of entitlement when a determination has been made on their entitlement to ADP (Social Security (Scotland) Act 2018 s. 40). The notification letter will include information about the re-determination process, including the individual’s right to:
- request a re-determination of this determination
- appeal against the determination if Social Security Scotland fails to deal with the request for a re-determination within 56 calendar days
- apply for short-term assistance (STA), if applicable, while their re determination is considered.
Please note, information about STA will only be included if the determination has reduced or stopped ongoing entitlement to ADP, with the effect that the amount the individual receives overall is lower. STA is not available if an individual requests a re-determination for a determination that has been made on a new application.
STA is also not available where either or both components of an individual’s ADP claim have been reduced to £0 because of a prolonged stay in publicly funded alternative accommodation (e.g. care homes, hospitals or in legal detention). (ADP Regulations 2022 Schedule 2, 1(6)). It is only available where ongoing entitlement is reduced or stopped. No information relating to STA will be provided in notification letters resulting from new applications neither will it be provided in letters informing clients of a reduction of either ADP component resulting from a prolonged stay in publicly funded accommodation.
The notification will also include the form the individual completes and sends to Social Security Scotland to request a re-determination. They can request a re determination by either:
- completing the re-determination form and sending it by post to Social Security Scotland in the pre-paid envelope provided
- contacting Social Security Scotland by telephone and an individual advisor completes the re-determination form for the individual over the phone