Notice of re-determination

Having made a re-determination Social Security Scotland must notify the individual of (Social Security (Scotland) Act 2018 s. 44):

• the re-determination
• the reasons for the re-determination
• their right to appeal this determination to the First-tier Tribunal, under section 46 of the 2018 Act, by returning the appeal form enclosed with the notification, downloading the form from the Social Security Scotland website or applying by telephone.
• their right to apply for short-term assistance, if applicable, whilst their appeal is considered and how to apply for it.

Please note, this information about STA will only be included if the re determination has upheld the determination which 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 an appeal after a re-determination 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.