Click to edit SEO parameters
Re-determinations and Appeals
Re-determinations involve Social Security Scotland reconsidering an existing determination of entitlement to assistance.
An individual can request a re-determination of any determination of entitlement (SS(S)A 2018, s. 41(1))
Individuals can request a re-determination by either calling Social Security Scotland, or completing the re-determination form that accompanies every determination of entitlement.
The individual has 42 calendar days from the date on which they were informed of a determination. The date the individual is informed is the date of issue of the determination plus 48 hours (Scottish Adult DLA Regs, reg. 49(1) and Social Security Scotland Act s. 62(1)(2)).
Re-determination of a successful SRTI award
An individual or their representative may ask for a re-determination of the start date of payment for a successful SRTI award
Example: re-determination of award date
An individual in receipt of Scottish Adult DLA informed Social Security Scotland that they had become newly terminally ill on 10 March. Following this a BASRiS form for the individual is received which has a date of clinical judgement of 1 March.
The award was incorrectly processed to have a start date of 10 March.
The individual requests a re-determination because the start date of their award of Scottish Adult DLA should match the date on the BASRiS form.
The Client Experience Officer carries out a re-determination and decides that the new award start date is 1 March. The individual should be paid any arrears of Scottish Adult DLA between 1 and 10 March.
Re-determination of an unsuccessful SRTI award
An individual or their representative can ask for a re-determination of an unsuccessful SRTI award. An individual’s SRTI award can be unsuccessful because of one, several or all the following reasons:
- confirmation of terminal illness not received
- they do not meet residence criteria
- they do not have recourse to public funds
- case manager has wrongly concluded that the diagnosis was not given by a RMP or a RN who is involved in the diagnosis or care of the individual.
If the individual does not meet the conditions for assistance, they would need to:
- ask for a re-determination and
- give supporting information which confirms that they do meet the conditions for the assistance, for example a BASRiS form.