Time limits for requesting a re-determination
The individual should request a re-determination within 42 calendar days beginning with the day the individual is informed of the right to make the request. A period of 48 hours is allowed after the determination is issued to the individual before the 42 calendar days starts.
This 48 hour period is qualified “unless the contrary is shown” within the regulations – in practice, this means that if there is a delay caused by public holidays or postal strikes, then the 42 calendar days to request a re-determination should only begin from the actual date of receipt.
If a request for a re-determination is made after the period of 42 calendar days, it is considered late (unless the exemption outlined above applies). Additionally, if Social Security Scotland consider that there is a good reason for a late request, they can accept the request for a re-determination.
This can be up to a maximum of 1 year from when the individual was informed of the determination that they want to be re-determined.
Social Security Scotland may only consider late re-determination requests if both the:
-
individual has good reason for not requesting a re-determination sooner
-
request is made before the end of the day that falls 1 year after the day the individual was notified of the determination. If the request is made after 1 year, it can only be accepted where the good reason is related to coronavirus.
‘Good reason’ is not defined in legislation. The individual circumstances in each case should therefore be considered carefully. If Social Security Scotland considers that the individual had good reason for the late re-determination application, both:
-
the rationale should be recorded on the case
-
the late request should be accepted.
It should be noted that ‘good reason’ is a lower standard than, for example, ‘exceptional circumstances’. Examples are provided below but this list is not exhaustive.
If an individual cannot explain why their re-determination request was late, then Social Security Scotland should refuse to accept the request for a re-determination.
If a late request for re-determination is not accepted by Social Security Scotland, the individual must be notified of:
-
the decision not to accept the late request for re-determination
-
the reasons for this decision
-
their right to appeal to the First-tier Tribunal under section 61 of the Social Security (Scotland) Act 2018 and how to do this.
Example 1: Good reason for late application
An individual submits a re-determination request 58 calendar days after being informed of the right to make the request.
They advise that the re-determination was late because they were in hospital from before the determination was issued until day 57.
It would be reasonable for Social Security Scotland to accept this reason for the re-determination being late.
Example 2: Good reason for late application
An individual submits a re-determination request 64 calendar days after being informed of the right to make the request.
They tell Social Security Scotland that they required support and assistance in completing the forms to request the re-determination and had been unable to obtain that assistance until recently.
The individual is being supported by a Citizens Advice Bureau who confirmed there were delays in them being able to provide the necessary support to the individual in completing the request for a re-determination.
It would be reasonable for Social Security Scotland to accept this reason for the re-determination being late.
Example 3: Good reason for late application – Coronavirus
An individual submits a re-determination request 1 year and 3 weeks after being informed of the right to make the request. They advise that 3 weeks after receiving the determination they were diagnosed with coronavirus.
This resulted in hospital admission for 3 months for treatment. Since being discharged they have struggled with the longer-term effects of the virus.
It is only now that they have felt well enough to make a request for re-determination. It would be reasonable in this situation for Social Security Scotland to accept this reason for the request for re-determination being late.
Carer Support Payment Regulations – Reg 43 – The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023
Social Security (Scotland) Act 2018 s. 62(2)
Social Security (Scotland) Act 2018 s. 41(4)(b)
Social Security (Scotland) Act 2018 s. 41(4)(b)
Social Security (Scotland) Act 2018 s. 52A
Social Security (Scotland) Act 2018 s. 42(2)