Re-determinations

This chapter is relevant to individuals who have received a decision on their Adult Disability Payment (ADP) application, known as a determination of entitlement, and want to challenge the decision by asking for a re-determination.

This includes both individuals who:

• have received a determination on an application
• are in receipt of ADP and have received a determination after having their case reviewed (a determination without application).

Under section 41 of the Social Security (Scotland) Act 2018 (“the Act”), an individual can ask Social Security Scotland to look again at their entitlement to ADP after they have received a determination. The request to look again at a determination must be made in such form as the Scottish Ministers require and received within the timescales detailed within this chapter. This is known as a re determination (Social Security (Scotland) Act 2018 s. 41).

Re-determinations are processed within the Client Experience Team at Social Security Scotland

While it is not required in regulations for Social Security Scotland to provide a Consultation Report alongside a notice of determination, unless requested, this has been adopted as standard practice (where applicable). As a result, when a client has held a consultation with a Health and Social Care Practitioner as a part of their ADP application, a copy of their consultation report will also be sent to the client.