Appeals to the First-tier Tribunal

This chapter is relevant to individuals with an award of Scottish Adult Disability Living Allowance (Scottish Adult DLA) who want to appeal one of the following: 

• a re-determination 
• a determination, where a re-determination has not been made in the time allowed 
• a process decision.

Social Security Scotland can make a decision about the process of reviewing an individual’s award. A process decision can be about either:

• whether an individual has made a valid request for a re-determination of their entitlement
• whether an individual has a good reason for asking for a late re-determination.

The First-tier Tribunal for Scotland Social Security Chamber is referred to as the First-tier Tribunal in this chapter.

The First-tier Tribunal is independent and, before making a decision on an appeal, it must both:

• listen to both sides involved in the appeal
• consider all the facts and evidence.

The First-tier Tribunal can agree with and uphold the determination made by Social Security Scotland. If it does not agree with the determination, , it can make its own determination of the individual’s entitlement to the benefit. This means that the individual’s award could increase, decrease or stay the same.