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Re-determinations and appeals
The interim Adult Disability Payment determination is subject to the same rights to re-determination and appeal as any other Adult Disability Payment determination (ADP Regulations, reg 54(1)). This means the client has 42 days to request a re-determination, Social Security Scotland has 56 days to make a decision following a re determination (ADP Regulations, reg 54 (2))
Where a re-determination of the interim Adult Disability Payment award is requested, the individual’s Adult Disability Payment award will be reviewed in line with the usual Adult Disability Payment eligibility rules, not simply compared to the rates of Scottish Adult Disability Living Allowance they had when they applied for Adult Disability Payment. This means that where the redetermination is made on the interim Adult Disability Payment award, the duty to complete a review determination no longer applies (ADP Regulations, Schedule 2, Part 3A, Para 15F(2)(b))
Example: Re-determination for interim Adult Disability Payment awards
Anne had an award of the middle rate of the care component and the lower rate of the mobility component on Scottish Adult Disability Living Allowance, and made an application for Adult Disability Payment. She was given an interim Adult Disability Payment award of the standard rate of the daily living component and the standard rate of the mobility component of Adult Disability Payment. However, she does not feel her Adult Disability Payment award accurately reflects her circumstances and can request a re-determination of her interim Adult Disability Payment determination within the time limit.
Social Security Scotland will look at the information Anne provided in her Adult Disability Payment application, as well as any other supporting information they feel is relevant, and make a new determination of Anne’s entitlement to Adult Disability Payment within 56 days of Anne requesting a re-determination. Anne is awarded the enhanced rate of the daily living component and the standard rate of the mobility component. As this is an increased award, it is backdated to when Anne submitted her Adult Disability Payment application. Because the re-determination assessed Anne’s application based on the full Adult Disability Payment eligibility criteria, Social Security Scotland do not need to complete an Adult Disability Payment review determination.