Types of decisions

You use your skills and expertise to make different types of decisions when processing applications or award reviews.

The decisions that you make can be described as either:

• process decisions
• determinations of entitlement

Process decisions

A process decision is a decision about whether the process of either

• applying for benefits, or
• challenging determinations by way of re-determinations

as set out in the Social Security (Scotland) Act 2018 has been followed properly.

When Social Security Scotland makes a process decision and the individual disagrees with the decision, they can appeal to the First Tier Tribunal. There are three process decisions which you might make:

• To reject an application for assistance which is not made in the format that we require (Social Security (Scotland) Act, s38).
• To reject a request for a re-determination which is not made in the format we require (Social Security (Scotland) Act, s41(3)).
• To reject the reason an individual has given for not making a re-determination in the time period required (Social Security (Scotland) Act, s42).

When you can reject an application

You can only reject an application without making a determination if the applicant has any of these (Social Security (Scotland) Act, s38):

• not made the application in the form we require
• not met criteria in part 1 of the application, such as the residence and presence requirements
• an entitlement to an existing disability benefit, such as Attendance Allowance

Rejecting an application is different from denying an application. Denying an application is one possible outcome of making a determination of entitlement.

If a person does not meet the eligibility criteria for Pension Age Disability Payment you should deny their application once the full application has been received.

The requirements an application must meet are set out in the Applying for Pension Age Disability Payment DMG chapter.

Determinations of entitlement

A determination of entitlement is the decision about a person’s entitlement to disability benefits.

It is the outcome of one of the following (SS Act 2018, s50 (Decisions comprising determination)):

• an application
• a determination without an application, such as a review
• a re-determination

People have challenge rights if they are unhappy with the determination we make. These rights include:

• Requesting a re-determination

Making determinations

You must make a determination on applications and when carrying out reviews and re-determinations.

The determination always includes a decision about:

• whether the individual meets the eligibility criteria for Pension Age Disability Payment (PADP)

If they do, a determination also includes a decision about:

• what rate of PADP the individual is entitled to
• when their entitlement begins
• whether there will be a scheduled review in the future, and when this will be

You must make determinations:

• in a timely manner
• based on relevant information and decision-making principles
• without including irrelevant information, such as informal observations, in your decision-making
• without gathering more information than is necessary to make a determination

Related reading

• Applying for PADP chapter
• PADP - Eligibility - Rates and criteria chapter
• Choosing an Appropriate review period chapter
• Residence and presence chapter • Re-determinations chapter
• First-tier Tribunal chapter
• Upper Tribunal chapter

Findings of fact and conclusions of law

The decision-making process for determining entitlement to PADP involves making a series of smaller decisions. These allow you to make a decision on an individual’s entitlement.

These smaller decisions are either:

• a finding of fact
• a conclusion of law

A finding of fact means deciding that a detail relevant to an individual’s application, such as how their disability affects them, is accurate. This is done based on the information you have available. You may need to use decision-making tools to help you do this if there is not enough information or where you are identify a relevant inconsistency.

A conclusion of law means applying the eligibility criteria for PADP to the facts you have established. This is done to determine the appropriate level of entitlement.