Published: 28 January 2026
For welfare rights and money advice professionals
Frontline advisers may soon see changes to the Adult Disability Payment (ADP) appeals process, following renewed pressure on the Scottish Government to commence key legislative provisions aimed at reducing unnecessary delays. The Social Justice and Social Security Committee has formally written to the Cabinet Secretary for Social Justice, urging immediate action on Section 8 of the Social Security (Amendment) (Scotland) Act 2025. [parliament.scot]
Why Section 8 Matters
At present, advisers supporting clients with ADP appeals may encounter a recurring and frustrating scenario: Social Security Scotland accepts that a claimant is due a higher award, yet cannot issue a new determination because an appeal has already been lodged.
This legal barrier forces cases to proceed all the way to Tribunal despite there being no remaining dispute, extending waits for clients and inflating the Tribunal caseload without good reason. [parliament.scot]
Section 8 of the 2025 Act was designed specifically to fix this. Once commenced, it will insert new provisions—sections 49A–C—into the 2018 Act, enabling corrected determinations even after an appeal has begun. This would allow clients who are already accepted for a higher award to receive it straight away, without waiting months for a hearing slot. [parliament.scot]
Committee Calls for Clarity
In its letter dated 22 January 2026, the Committee highlights the “unnecessary delays” being experienced by some claimants and stresses the avoidable pressure placed on Scotland’s Tribunal system. Advisers will be familiar with how such delays can worsen financial hardship, increase client anxiety, and contribute to system-wide backlogs—issues the Committee explicitly notes. [parliament.scot]
The letter requests a clear timeline from the Scottish Government confirming when Section 8 will be commenced, emphasising the need to ensure claimants “receive their correct entitlement without an avoidable delay.” [parliament.scot]
Implications for Advisers
If the government proceeds swiftly:
1. Faster resolution for many ADP appeals
Advisers could see quicker outcomes where an increased award is already accepted by Social Security Scotland.
2. Fewer unnecessary Tribunal hearings
This would ease the strain on Tribunal services and reduce administrative burdens for advisers preparing cases that no longer involve a real dispute.
3. Improved client experience
Clients would no longer have to wait months for a Tribunal to rubber‑stamp what the agency already agrees they are entitled to.
What Happens Next
As of now, no commencement date for Section 8 has been announced. The Committee is awaiting a response from the Cabinet Secretary. [parliament.scot]
Advisers should stay alert for updates, as commencement could significantly streamline the ADP challenge process. Any change would likely require updates to organisational guidance, training materials, and internal case-handling practices.