Time limits for requesting a re-determination

The individual should request a re-determination within 42 calendar days beginning with the day the individual is informed of the right to make the request.1 A period of 48 hours is allowed after the determination is issued to the individual before the 42 calendar days starts 2 . ADP Regulations 54 2 Social Security (Scotland) Act 2018 s. 62(2)

If a request for a re-determination is made after the period of 42 calendar days, it is considered late. If Social Security Scotland consider that there is a good 3 reason for a late request, they can accept the request for a re-determination. This can be up to a maximum of 1 year from when the individual was informed of the determination that they want to be re-determined.1 1 Social Security (Scotland) Act 2018 s. 41(4)(b)

Social Security Scotland may only consider late re-determination requests if both the: (Social Security (Scotland) Act 2018 s. 41(4)(b))

• individual has good reason for not requesting a re-determination sooner
• request is made before the end of the day that falls 1 year after the day the individual was notified of the determination. If the request is made after 1 year, it can only be accepted where the good reason is related to coronavirus. (Social Security (Scotland) Act 2018 s. 52A).

‘Good reason’ is not defined in legislation. The individual circumstances in each case should therefore be considered carefully. If Social Security Scotland considers that the individual had good reason for the late re-determination application, both:

• the rationale should be recorded on the case
• the late request should be accepted.

It should be noted that ‘good reason’ is a lower standard than, for example, ‘exceptional circumstances’. Examples are provided below but this list is not exhaustive.

If an individual cannot explain why their re-determination request was late, then Social Security Scotland should refuse to accept the request for a re determination.

Where clients have received their Consultation Report after their Notice of Determination, we will accept this as good reason for a late request for a re determination.

If an individual receives their Notice of Determination later than their consultation report, the Notice of Determination will be the trigger from which their 42 calendar day time limit will begin. So if an individual’s Consultation Report is issued on 7th March, and then their Notice of Determination is issued on 14th March; their 42 calendar day time limit will begin on 16th March and finish on 27th April.

Social Security Scotland must inform the individual if a late request for a re determination is accepted (Social Security (Scotland) Act 2018 s. 42(2)).

If a late request for re-determination is not accepted by Social Security Scotland, the individual must be notified of (Social Security (Scotland) Act 2018 s. 42(2):

• the decision not to accept the late request for re-determination
• the reasons for this decision
• their right to appeal to the First-tier Tribunal under section 61 of the Social Security (Scotland) Act 2018 and how to request this.