Social Security Scotland

Adult Disability Payment

Application Form

Adult Disability Payment application form for organisations

  • You can use this form to help people apply for Adult Disability Payment. For example, if you work for a third sector or voluntary organisation that helps people to apply for benefits. 
Re-determination forms

Adult Disability Payment re-determination form

  • Use this form if you want Social Security Scotland to look again at your Adult Disability Payment decision.
Appeals form

Adult Disability Payment appeals form

  • Use this form to appeal a decision about your Adult Disability Payment.

Adult Disability Payment appeals form with short term assistance

  • Use this form to appeal a decision about your Adult Disability Payment and apply for Short-term Assistance.

Short‑Term Assistance temporarily restores a client’s previous ADP/CDP/PADP rate while they challenge a reduced award.

 

Change of Circumstances (CoC)

Report a Change of Circumstances (CoC) online at Change of Circumstances

Main legislation

 The Disability Assistance for Working Age People (Scotland) Regulations 2022

 

Social Security (Amendment) (Scotland) Act 2025

The Bill amends the Social Security (Scotland) Act 2018 to make changes to the Scottish social security system.

 

The Bill became an Act on 23 January 2025

 

Social Security (Amendment) (Scotland) Act 2025

 

Summary

 

The Social Security (Amendment) (Scotland) Bill, a Scottish Government Bill, was introduced on 31 October 2023. It has eight substantive parts, each dealing with a different aspect of social security administration. All the changes are by amendment to the framework legislation – the Social Security (Scotland) Act 2018.

 
New benefits. Part 1
  • regulation-making powers that would allow new benefits for people with care experience (for example, young people who were in foster care), and new benefits for families with children to be introduced in future. Examples of how these powers could be used are the proposed Care Leaver Payment and changing the legislative footing of the Scottish Child Payment.

Late applications. Part 2
  • repeals COVID-19 measures that allowed late applications for benefits.

Challenging decisionsPart 3

Makes changes to the processes for re-determination and appeal including:

  • Allowing requests for re-determination and applications for appeal to be made more than a year late in exceptional circumstances (section 5).
  • Allowing requests for re-determination to be withdrawn (section 6).
  • Requiring Ministers (in practice, Social Security Scotland) to complete a re-determination even if they have missed the deadline for doing so (section 7).
  • Allowing Social Security Scotland to offer a better award to a claimant who has lodged an appeal. This would end the appeal. This is known as a lapsed appeal (section 8).

In exercising its power under subsection (1), the First-tier Tribunal must not take into account any circumstances which did not exist at the relevant time, but may take into account circumstances which existed but were not known at the relevant time (section 9).

Clarifying the powers of a Tribunal in a process appeal and Ministers duties following their decision. The changes reflect existing practice (section 10).

    Overpayments. Part 4

    Make changes to the rules on assistance provided in error:

    • Some people have a formally appointed representative, such as an appointee or guardian, who manages benefits for them. Sections 9 and 10 would make such representatives liable for overpayments, but only where they act in breach of their duties, such as using the money for themselves. Section 9 would extend the individual’s liability for their representative’s errors.

    • As with other Scottish social security overpayments, Ministers would have up to five years to start to recover overpayments (Section 11). Section 12 clarifies that overpayments can be recovered from an individual’s or their representative’s estate after they have died.

    • Section 13 would introduce review and appeal rights against the decision that an individual or their representative is liable to repay an overpayment.

    Appointees. Part 5
    • An individual appointed to manage a persons Department for Work and Pensions (DWP) benefits would also manage their Social Security Scotland benefits until Social Security Scotland completes its own checks (section 14).

    • Where an appointee uses any funds outwith their common law or statutory duties, and does so in bad faith, they would be liable to repay those funds to the individual they represent (section 15).

    Providing information. Part 7
    • would require individuals to provide information to Social Security Scotland in order to estimate the amount of fraud or error in the system as a whole. Ultimately, if information was not provided, an individual’s benefit could be suspended. Eligibility could then be reviewed, which would either confirm eligibility or end payments.
    Compensation recovery. Part 8
    • would apply where a person who gets social security payments as a result of injury, accident or disease, is awarded compensation for the same incident. The person making the compensation payment must deduct the value of relevant social security payments from the compensation due to the individual and pay it instead to Scottish Ministers. The provisions mirror those of the current DWP scheme, with the intention that Social Security Scotland benefits will be treated in the same way.

    Scottish Commission on Social Security (SCoSS). Part 9
    • would bring additional regulations into the scope of SCoSS scrutiny and make changes to governance arrangements following recommendations from an independent review.

    Adult Disability Payment ‘descriptors’

    Regulations were amended to take into account whether a person can carry out an  activity ‘safely, reliably, to an acceptable standard, repeatedly and in a reasonable time period’

    1. Safely: In a way that is unlikely to cause harm to you or anyone else, either during  or after you have completed the task. Consideration must be given to the likelihood of harm, and the severity of the consequences of that harm.

    2. To an acceptable standard: Means to a reasonable standard. Account should be taken of the impact on you of carrying out the task to that standard. An example of not completing a task to an acceptable standard would be if you can wash yourself but you do not realise you have done so inadequately and are still not clean after you have finished.

    3. Repeatedly: Being able to complete the task as often as is reasonably required. The cumulative effects of symptoms such as pain and fatigue are relevant because the effort of completing a task could make it harder for you to repeat it or to complete other tasks. For instance, if you are able to prepare breakfast without help, but the exhaustion from doing this means that you could not prepare another meal that day, you should be treated as being unable to prepare a meal unaided. This is because it is reasonable to expect someone to be able to prepare more than one meal a day.

    4. In a reasonable time: No more than twice as long as the maximum time normally taken by someone without a disability.

    Variable and fluctuating conditions

    • 50% rule‘ In the ADP assessment, a descriptor will apply to you if it reflects your ability for the majority of days (ie on over half of them).

    • Qualifying period‘ This is considered over a 12-month period; looking back 13 weeks and forward 39 weeks.

    • Where one descriptor is satisfied on over half the days in that period, that descriptor will apply. Where two or more descriptors are satisfied on over half the days, the descriptor which scores the highest number of points will apply. These conditions will not apply however if you are terminally ill.

    DAILY LIVING ACTIVITIES

    Daily Living Component Introduction – Social Security Scotland

    To get an award of the daily living component, you need to score:

    • 8 points for the standard rate

    • 12 points for the enhanced rate

    For daily living, the points need to be scored from activities 1-10 below. 

    1 – Preparing Food

    • This activity considers a claimant’s ability to prepare a simple, cooked meal for one from fresh ingredients. This is not a reflection of a claimant’s cooking skills but instead a consideration of the impact of impairment on ability to perform the tasks required. It assesses ability to open packaging, serve food, peel and chop food and use a microwave oven or cooker hob to cook or heat food.

    1a – Can prepare and cook a simple meal unaided (0)

    1b – Needs to use an aid or appliance to be able to either prepare or cook a simple meal (2)

    1c – Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave (2)

    1d – Needs prompting to be able to either prepare or cook a simple meal (2)

    1e – Needs supervision or assistance to either prepare or cook a simple meal (4)

    1f – Cannot prepare and cook food (8)

     

    2 – Taking nutrition.

    • This activity considers a claimant’s ability to be nourished, either by cutting food into pieces, conveying to the mouth, chewing and swallowing; or through the use of therapeutic sources. The nutritious quality of what is being eaten or drunk is irrelevant. Note: A key consideration when considering whether supervision is required should be whether the claimant has a real risk of choking when taking nutrition.

    2a – Can take nutrition unaided (0)

    2b – Needs to use an aid or appliance to  be able to take nutrition; or supervision to be able to take nutrition; or assistance to be able to cut up food (2)

    2c – Needs a therapeutic source to be able to take nutrition (2)

    2d – Needs prompting to be able to take nutrition (4)

    2e – Needs assistance to be able to manage a therapeutic source to take nutrition (6)

    2f – Cannot convey food and drink to their mouth and needs another person to do so (10)

     

    3 – Managing therapy or monitoring a health condition

    • This activity considers a claimant’s ability to appropriately take medication in a domestic setting and which are prescribed or recommended by a registered doctor, nurse or pharmacist, monitor and detect changes in a health condition; and manage therapeutic activities that are carried out in a domestic setting and prescribed or recommended by a registered doctor, nurse, pharmacist or healthcare professional regulated by the Health Professions Council; and without any of which their health is likely to deteriorate.

    3a – Either does not receive medication or therapy or need to monitor a health condition; or can manage medication or therapy or monitor a health condition unaided (0)

    3b – Needs any one or more of the following –

    • to use an aid or appliance to be able to manage medication;

    • supervision, prompting or assistance to be able to manage medication

    • supervision, prompting or assistance to be able to monitor a health condition (1)

    3c – Needs supervision, prompting or assistance to be able to manage therapy that takes no more than 3.5 hours a week (2)

    3d – Needs supervision, prompting or assistance to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week (4)

    3e – Needs supervision, prompting or assistance to be able to manage therapy that takes more than 7 but no more than 14 hours a week (6)

    3f – Needs supervision, prompting or assistance to be able to manage therapy that takes more than 14 hours a week (8)

     

    4 – Washing and bathing

    • This activity considers a claimant’s ability to wash and bathe, including washing their whole body and getting in and out of an un-adapted bath or shower.

    4a – Can wash and bathe unaided (0)

    4b – Needs to use an aid or appliance to be able to wash or bathe (2)

    4c – Needs supervision or prompting to be able to wash or bathe (2)

    4d – Needs assistance to be able to wash either their hair or body below the waist (2)

    4e – Needs assistance to be able to get in or out of a bath or shower (3)

    4f – Needs assistance to be able to wash their body between the shoulders and waist (4)

    4g – Cannot wash and bathe at all and needs another person to wash their entire body (8)

     

    5 – Managing toilet needs or incontinence.

    • This activity considers a claimant’s ability to get on and off the toilet, to clean afterwards and to manage evacuation of the bladder and/or bowel, including the use of collecting devices. This activity does not include the ability to manage clothing, for example fastening and unfastening zips or buttons, as this is covered in activity 6.

    5a – Can manage toilet needs or incontinence unaided (0)

    5b – Needs to use an aid or appliance to be able to manage toilet needs or incontinence (2)

    5c – Needs supervision or prompting to be able to manage toilet needs (2)

    5d – Needs assistance to be able to manage toilet needs (4)

    5e – Needs assistance to be able to manage incontinence of either bladder or bowel (6)

    5f – Needs assistance to be able to manage incontinence of both bladder and bowel (8)

     

    6 – Dressing and undressing

    • This activity assesses a claimant’s ability to put on and take off culturally appropriate, un-adapted clothing that is suitable for the situation. This may include the need for fastenings such as zips or buttons and considers the ability to put on/take off socks and shoes.

    6a – Can dress and undress unaided (0)

    6b – Needs to use an aid or appliance to be able to dress or undress (2)

    6c – Needs either prompting to be able to dress, undress or determine appropriate circumstances for remaining clothed; or prompting or assistance to be able to select appropriate clothing (2)

    6d – Needs assistance to be able to dress or undress their lower body (2)

    6e – Needs assistance to be able to dress or undress their upper body (4)

    6f – Cannot dress or undress at all (8)

     

    7 – Communicating verbally

    • This activity considers a claimant’s ability to communicate verbally with regard to expressive (conveying) communication and receptive (receiving and understanding) communication.

    7a – Can express and understand verbal information unaided (0)

    7b – Needs to use an aid or appliance to be able to speak or hear (2)

    7c – Needs communication support to be able to express or understand complex verbal information (4)

    7d – Needs communication support to be able to express or understand basic verbal information (8)

    7e – Cannot express or understand verbal information at all even with communication support (12)

     

    8 – Reading and understanding signs, symbols and words

    • This activity considers a claimant’s ability to read and understand signs, symbols and words.

    8a – Can read and understand basic and complex written information either unaided or using spectacles or contact lenses (0)

    8b – Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information (2)

    8c – Needs prompting to be able to read or understand complex written information (2)

    8d – Needs prompting to be able to read or understand basic written information (4)

    8e – Cannot read or understand signs, symbols or words at all (8)

     

    9 – Engaging with other people face to face.

    • This activity considers a claimant’s ability to engage with other people which means to interact face to face in a contextually and socially appropriate manner, understand body language and establish relationships.

    9a – Can engage with other people unaided (0)

    9b – Needs prompting to be able to engage with other people (2)

    9c – Needs social support to be able to engage with other people (4)

    9d – Cannot engage with other people due to such engagement causing either overwhelming psychological distress to the claimant; or the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person (8)

     

    10 – Making budgeting decisions.

    • This activity considers the ability of a claimant to make everyday budgeting decisions. Notes: Complex budgeting decisions are those that are involved in calculating household and personal budgets, managing and paying bills and planning future purchases. Simple budgeting decisions are those that are involved in activities such as calculating the cost of goods and change required following purchases.

    10a – Can manage complex budgeting decisions unaided (0)

    10b – Needs prompting or assistance to be able to make complex budgeting decisions (2)

    10c – Needs prompting or assistance to be able to make simple budgeting decisions (4)

    10d – Cannot make any budgeting decisions at all (6)

     

    MOBILITY ACTIVITIES

    Mobility Component Introduction – Social Security Scotland

    To get an award of the mobility component you need to score:

    • 8 points for the standard rate

    • 12 pointfor the enhanced rate

    For mobility, the points need to be scored from activities 11-12 below:

     

    1 – Planning and following journeys

    • This activity considers a claimant’s ability to work out and follow the route of a journey. Notes: A person should only be considered able to follow an unfamiliar journey if they are capable of using public transport (bus or train). Consideration should be given to safety and whether there would be a substantial risk to the claimant or others if they went out alone.

    1a – Can plan and follow the route of a journey unaided (0)

    1b – Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant (4)

    1c – Cannot plan the route of a journey (8)

    1d – Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid (10)

    1e – Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant (10)

    1f – Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid (12)

     

    2 – Moving around

    • This activity considers a claimant’s physical ability to move around without severe discomfort such as breathlessness, pain or fatigue. This includes the ability to stand and then move up to 20 metres, up to 50 metres, up to 200 metres and over 200 metres. Notes: This activity should be judged in relation to a type of surface normally expected out of doors such as pavements on the flat and includes the consideration of kerbs.

    12a – a Can stand and then move more than 200 metres, either aided or unaided (0)

    12b – Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided (4)

    12c – Can stand and then move unaided more than 20 metres but no more than 50 metres (8)

    12d – Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres (10)

    12e – Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided (12)

    12f – Cannot, either aided or unaided stand; or move more than 1 metre (12)

    The decision making guidance, along with training provided to case managers, provides an official interpretation of legislation for Social Security Scotland staff to make decisions about entitlement to Adult Disability Payment.

     

    Daily Living Component Introduction

    ADP daily living component activity 1 – preparing food

     

    Caselaw:

    Judgments: Opinions, or judgments, are decisions made by judges in court cases.

     

    www.scotcourts.gov.uk/judgments

    Requesting a re-determination

    You can request a re-determination or an appeal by calling Social Security Scotland free on 0800 182 2222 (Monday to Friday, 8am to 6pm) or filling in a re-determination request paper form  and sending your completed form to:

    Social Security Scotland PO Box 10303, Dundee DD1 9FY

    Child Disability Payment

    Application Form

    Child Disability Payment application form for organisations

    • You can use this form to help people apply for Child Disability Payment. For example, if you work for a third sector or voluntary organisation that helps people to apply for benefits. 
    Re-determination forms

    Child Disability Payment re-determination form

    • Use this form if you want Social Security Scotland to look again at your Child Disability Payment decision.
    Appeals form

    Child Disability Payment appeals form

    • Use this form to appeal a decision about your Child Disability Payment.

    Child Disability Payment appeals form with short term assistance

    • Use this form to appeal a decision about your Child Disability Payment and apply for Short-term Assistance.

    Short‑Term Assistance temporarily restores a client’s previous ADP/CDP/PADP rate while they challenge a reduced award.

    Child Disability Payment decision making guide

     

    Introduction to the Child Disability Payment Decision-Making Guidance

    Principles of decision making

    Applying for Child Disability Payment

    Backwards and forwards test

    Rules for Renal Dialysis

    Scheduled Reviews

    Relevant considerations when making a determination as part of an award review

    Unscheduled reviews

    Legal detention

    Moving from Scotland to another part of the United Kingdom and vice versa

    Case discussions

    An individual’s right to stop receiving assistance

    Re-determinations

    Short-term Assistance

    Clients 16 years or older

    Check the applicant is responsible for the child

    Managing assistance on behalf of a child

    Change of circumstances: change in mobility or care needs

    Care component definitions

    Care component – rates and criteria

    Determinations and Awards

    Lower rate Mobility Component

    Special Rules for Terminal Illness (SRTI)

    Appeals to the First-tier Tribunal

    Payment of Child Disability Payment

    Death of an individual

    Choosing an appropriate review period

    Residence and presence

    Effect of time spent in care homes, hospitals or similar institutions and residential educational establishments

    Higher rate Mobility Component

    Severe mental impairment and severe behavioural difficulties test

    When a previous determination is based on an error or made in ignorance of a material fact

    Case transfer

    Gathering supporting information

    Understanding and interpreting supporting information

    Suspension of assistance

    Appealing decisions to the Upper Tribunal

    Pension Age Disability Payment

    Application Form

    Pension Age Disability Payment application form for organisations

    • You can use this form to help people apply for Pension Age Disability Payment. For example, if you work for a third sector or voluntary organisation that helps people to apply for benefits. 
    Re-determination forms

    Pension Age Disability Payment re-determination form

    • Use this form if you want Social Security Scotland to look again at your Pension Age Disability Payment decision.
    Appeals form

    Pension Age Disability Payment appeals form

    • Use this form to appeal a decision about your Pension Age Disability Payment.

    Pension Age Disability Payment appeals form with short term assistance

    • Use this form to appeal a decision about your Pension Age Disability Payment and apply for Short-term Assistance.

    Short‑Term Assistance temporarily restores a client’s previous ADP/CDP/PADP rate while they challenge a reduced award.

    Pension Age Disability Payment decision making guide

    Social Security Scotland benefits

    Scottish Adult DLA

    Launches in Spring 2025, this is a ‘closed’ benefit and no new claims can be made for it. From this date all adults on Disability Living Allowance will transfer to Scottish Adult DLA

     

    Once on Scottish Adult DLA

    • 65 or over on 08 April 2013 will stay on Scottish Adult DLA

    • Under 65 on 08 April 2013 , can apply for ADP if you choose. Initially ADP is same rate as ADP, then reviewed under usual ADP rules. If you claim before end of 2027, you can get mobility component  without age restrictions.

    Regs:

    Decision making guidance

    The decision making guidance, along with training provided to case managers, provides an official interpretation of legislation for Social Security Scotland staff to make decisions about entitlement to Scottish Adult Disability Living Allowance.

    Scottish Child Payment

    Apply online or Apply by post 

    Forms:

    Scottish Child Payment single form

    Return forms to:
    Social Security Scotland PO Box 27155, Glasgow G4 7DX. If you need a prepaid envelope, call free on 0800 182 2222

    www.mygov.scot/scottish-child-payment

    Regulations:

    The Scottish Child Payment Regulations 2020

    DWP Advice for Decision Makers:

    ADM memo 26/20: Scottish Child Payment

    Carer Support Payment

    Carer Support Payment is replacing Carer’s Allowance in Scotland. You cannot get Carer Support Payment and Carer’s Allowance at the same time.

    Regulations:

     

    Carer’s Allowance Supplement

    An extra payment for people in Scotland who get Carer Support Payment or Carer’s Allowance on a particular date. Carer’s Allowance Supplement is paid 2 times a year.

    There is no need to claim Carer’s Allowance Supplement (CAS) in Scotland: if you are eligible, you will receive it automatically twice a year. 

    Regulations

     
    Young Carer Grant

    A yearly payment for young carers in Scotland. To be able to get Young Carer Grant, you must be 16, 17 or 18 years old.

    You must also have been caring for 1, 2 or 3 people for an average of 16 hours a week for at least the last 3 months. If you care for more than one person, you can combine the hours of the people you care for to average 16 hours a week.

    Apply online

    Apply over the phone

    Call Social Security Scotland free on 0800 182 2222 to apply over the phone.

    Apply by post

    You can apply by filling in a paper form.

    Regulations

    Best Start Grants
    Best Start Foods

    Best Start Foods is a payment that can help you buy healthy foods like milk or fruit during pregnancy and when your child is under 3.

    If your baby’s born early, you’ll get the higher amount from birth until 1 year after the due date.

    You’ll get the payments on a prepaid card you can use in shops and online.

    Find out how to use your Best Start Foods card, check your balance and what to do if you have a problem.

     

    If you have no access to public funds

    You may be able to get Best Start Foods for your child even if you cannot get certain benefits because of your immigration status or because you do not have a status. Find out more about getting Best Start Foods if you have no access to public funds.

     

    On this page can find shareable social media content, a poster and factsheets in many languages – Best Start Foods Resources

     

    Best Start Grant
    Pregnancy and Baby Payment

    You can apply for the Pregnancy and Baby Payment from 24 weeks pregnant up to the day your baby is 6 months old. Applications via freephone helpline on 0800 182 2222, by post or online at mygov. You may be eligible if you are the parent or carer of the child, and you get certain benefits or tax credits.

     

    CPAG – Information about Scotland’s pregnancy and baby payment.

    ScotGov Pregnancy and Baby Payment factsheet

     
    Best Start Grant
    Early Learning Payment

    Apply when your child is aged between 2 and 3 years 6 months old. You may be eligible if you are the parent or carer of the child, and you get certain benefits or tax credits.

    CPAG Information about Scotland’s early learning payment for children between two and three and a half years old.

     

    Best Start Grant
    School Age Payment

    Apply when your child is first old enough to start primary school. When you should apply depends on when your child was born. You need to apply in the year that your child is first old enough to start school.

    CPAG Information about Scotland’s school age payment.

     

    Rules and regs

    The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

     

    Other

    Contact details

    You can contact Social Security Scotland by post, webchat, or on our freephone number from any phone.

     

    By webchat

    You can contact us on webchat between 8am and 6pm, Monday to Friday (except for bank holidays):

    • for general enquiries

    • to check the progress of your application

    • to let us know something’s changed with your application

    We can answer your questions quicker if we know your National Insurance number.

    We’ll never ask for your bank details through webchat.

     

    By phone

    Freephone: 0800 182 2222 between 8am to 6pm, Monday to Friday (except for bank holidays). If you cannot call 0800 numbers from your mobile phone, you can call us for free from any payphone or landline.

     

    If you’re a British Sign Language user, you can use the Contact Scotland service to contact Social Security Scotland. 

     

    If calling from outside the UK, call +44 (0)1382 931 000. This number is not free but you can ask us to call you back. You should check with your phone provider to find out about any charges.

     

    Stay safe on the phone

    We’ll never phone you to take a payment. If you’re not sure it is us calling, end the call and contact us on 0800 182 2222. We’ll tell you if the call was from us.

    By post

    Social Security Scotland
    General Enquiries
    PO Box 10301
    Dundee
    DD1 9FY

    Third party authorisation form 

    • Third party authorisation form. Use this form to authorise someone to speak to Social Security Scotland on your behalf. Send the completed form to: Social Security Scotland, General Enquiries, PO Box 10301, Dundee DD1 9FY

    Uploading  documents

    When you apply for a benefit or report a change in circumstances, Social Security Scotland may ask you to send in some documents. This is to help them make a final decision or process your changes. This includes documents that confirm details such as who you are or your address.

     

    You can upload your documents online if you need to send Social Security Scotland any. You can send a photo, screenshot or scan of your documents. Your file must be one of these types: DOCX, PDF, JPG, PNG, GIF, BMP, TIFF, PPTX, XLSX, JPEG

     

    Uploading your documents – mygov.scot

    Social Security Scotland use the following for reference:

    British National Formulary (BNF)

    • Key information on the selection, prescribing, dispensing and administration of medicines – bnf.nice.org.uk

    NHS inform

    • NHS inform is Scotland’s national health information service. Our aim is to provide the people in Scotland with accurate and relevant information to help them make informed decisions about their own health and the health of the people they care for. www.nhsinform.scot

    CONTACT for families with Disabled Children

    •  A-Z medical conditions. If a medical condition is not in our list, we may still be able to help. Call our helpline on 0808 808 3555.

    Latest Social Security Scotland statistics publications.

    This is the collection for statistics relating to Social Security Scotland, including publications about specific benefits, feedback, workforce and equalities analysis – Social Security Scotland statistics: publications.

    A twelve-month calendar of Scottish Government statistical releases in spreadsheet format. The calendar includes Official and National Statistics publications, as well as Management Information publications – Official statistics: forthcoming publications

    Redeterminations and Appeals

    Benefits you can appeal

    Social Security Chamber – First-tier Tribunal for Scotland (scotcourts.gov.uk)

    The Social Security Chamber of the First-tier Tribunal for Scotland was set up on 22 November 2018 as set out in the Social Security (Scotland) Act 2018.  The Chamber deals  with appeals arising from a decision by the Social Security Scotland Agency acting on behalf of Scottish Ministers. 

    Benefits you can appeal

    At present the only Social Security Scotland benefits that have a right of appeal to the Chamber are:

    These benefits are awarded by Social Security Scotland. In time more benefits will be devolved to Scotland and all appeals will be heard by this Chamber.

    Request a redetermination within 42 days

    You should request a redetermination within 42 days of the date of being notified of the determination. A late request, up to one year from the date you are notified, can be accepted if Social Security Scotland decides there is a good reason for it being late. If Social Security Scotland refuses to accept the late request, you can appeal to the First-tier Tribunal for Scotland.

     

    Social Security Scotland has a duty to make a redetermination within 56 days.

     

    Social Security Scotland also has a duty to make a redetermination within 56 days of receiving a valid redetermination request. If they cannot meet this time limit they must inform you of that, and that you have an immediate right of appeal to the First-tier Tribunal against the determination. You must appeal within 31 days of receiving notice that they have not met the time limit.

     

    You must appeal within 31 days

     

    You must appeal within 31 days of being notified of the redetermination. You should send the appeal form to Social Security Scotland who will then forward this to the first-tier tribunal within seven days. If you miss the time limit for appealing, you can still appeal within a maximum time limit of one year if you have good reasons for the late appeal. If your appeal is late you must explain why so that the First-tier Tribunal can decide if you have good reasons for a late appeal.

    Appeal Forms

    You can use these forms to appeal when either:

    1. you disagree with a re-determination decision about your Adult or Child Disability Payment.

    2. Social Security Scotland ran out of time to make a re-determination decision about your Adult or Child Disability Payment.

     

    Appealing a decision form – Use this form if you want to request an appeal for:

    • Best Start Grant,

    • Funeral Support Payment,

    • Scottish Child Payment,

    • Young Carer Grant,

    • Child Winter Heating Assistance or

    • Winter Heating Payment

    Claiming expenses

    You may be able to claim for reasonable expenses for going to the tribunal hearing, for example:

    • travel expenses to cover your fare if you use public transport

    • travel expenses of 25p per mile for taking a car or motorbike, 27p per mile if you’re travelling with a supporter on a car or motorbike (If you’re travelling together with a supporter, only one of you can claim for travel expenses)

    • if you are away from home for less than 10 hours, you can claim up to a maximum of £4.25 or more than 10 hours, you can claim up to a maximum of £11.40

    • you may also be able to claim for loss of earnings

    Related Information

    Client Representative guidelines

    Purpose of the Client representative guidelines

    The guidelines have been prepared by the Scottish Government for Social Security Scotland staff. They promote consistency of approach across the devolved social security system and signpost to other internal guidance that may be linked.

    They describe:

    • the main actors within the social security system that provide support to clients of Social Security Scotland; and
    • their roles, responsibilities
    • the processes that need to be followed to enable them to deal with Social Security Scotland
    • how Social Security Scotland should respond where clients appear to be at risk

    Part 5 of the guidelines sets out the different situations where Social Security Scotland itself may appoint another person or organisation to act for a client, and the policies and processes it will follow.

    Appeal against the process

    What happens if you disagree with a process decision by Social Security Scotland?

     

    If you feel a process decision by Social Security Scotland is not correct, you can make an appeal. This is called a process appeal.The reasons to make a process appeal are that:
    • Social Security Scotland informed you that your application for benefits has not been accepted.
    • Social Security Scotland informed you that your re-determination request did not contain the correct information.
    • Social Security Scotland informed you that your re-determination request was late and that you had no good reason for not requesting this sooner.

    If you feel a process decision by Social Security Scotland is not correct you can appeal, using the process decision appeal form, directly to the Chamber. You should send the form by email or post to the Chamber.

    Email: sscadmin@scotcourtstribunals.gov.uk

     
    What happens next?

    We will acknowledge your appeal and will contact Social Security Scotland for information about their reasons for refusing your application for benefit. We will then contact you.

    Related Information

    Time limit

    You must send us your appeal form within 31 days from the date on the decision letter from Social Security Scotland. If you miss this date you can apply for permission to appeal but that application must be received by us, at the latest within 1 year from the date of the decision.

     

    In your application you will have to explain why you were unable to meet the deadline.

    Appeal about the process (socialsecuritychamber.scot)

    Appeals to the Upper Tribunal Scotland

    Following your Tribunal Hearing, you receive your Decision Notice.

    If you’re unhappy with the tribunal’s decision you may be able to get a decision cancelled (‘set aside’) or appeal to an Upper Tribunal.

     

    First you would need to write to Tribunal Scotland  and ask for ‘the first tier tribunal decision to be set aside and/or for leave to be granted to appeal to the Upper Tribunal’. The regional judge will look at your case and will decide if there is an error of law. He can agree, and then it is likely that the decision will be set aside, and a new hearing will be set up, with different tribunal people. If there is an error of law of importance, then the case can be sent directly to the Upper Tribunal for a ruling on the law – the Upper Tribunal judge can make a new decision or again might think another hearing is required.

     

    A party can request a review of a decision made by the First-tier Tribunal on the basis of a point of law. A review on a point of law can be brought when a party thinks the First-tier Tribunal made a legal mistake in making its decision.

     

    If the application is accepted as valid, the First-tier Tribunal reviews the decision at a hearing. In a review the Tribunal can:

    • take no action

    • set the decision aside. This means they cancel it

    • correct a minor or accidental error in the decision

    Where a decision is set aside by the First-tier Tribunal in a review it can:

    • re-decide the matter

    • refer that matter to the Upper Tribunal

    • make any other order that it thinks is appropriate

    How to request a Statement of Reasons and Record of Proceedings

    Write to or email sscadmin@scotcourtstribunals.gov.uk

     

    Use or adapt the below template:

     

    First-tier Tribunal for Scotland
    Social Security Chamber
    Glasgow Tribunals Centre
    Third Floor
    20 York Street
    Glasgow
    G2 8GT

     

    Request for statement of reasons and record of proceedings

    Dear sir or madam

     

    RE:
    Tribunal ref:
    Date of tribunal hearing:    

    I refer to the above appeal hearing.

    As a named representative I would be grateful if we could be provided with a full statement of reasons together with a record of proceedings, as per Tribunal Procedure rules.

     

    Many thanks for your assistance in this matter.

     

    Regards

    Scottish Courts & Tribunals

    This guidance is for individuals who have applied for benefits from Social Security Scotland and who have:

    • appealed to the First-tier Tribunal for Scotland about their determination

    • do not agree with the decision made by the Tribunal

    • want to challenge the decision.

    The Upper Tribunal can agree with and uphold the decision made by the First-tier Tribunal or if it does not agree with the decision, it can quash the decision. If it quashes the decision of the First-tier Tribunal, the Upper Tribunal can do any of the following:

    • re-make the decision

    • send the case back to the First-tier Tribunal and give them directions on how to reconsider the case

    • make such order as it sees fit.

    Individuals and Social Security Scotland can appeal decisions of the First-tier Tribunal to the Upper Tribunal.

     

    The parties must apply by letter or email to the First-tier Tribunal for permission to appeal one of its decisions (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, para 33(1)).

     

    If the First-tier Tribunal refuses permission, the party who has applied for permission to appeal must apply to the Upper Tribunal for permission for the decision to be appealed (Tribunals (Scotland) Act 2014, s.46(3)).

     

    A party makes an appeal on a point of law when it thinks the First-tier Tribunal made a legal mistake with its decision.