If you feel that your Disability Living Allowance was wrong

Your Adult Disability Payment is based on your Disability Living Allowance (DLA).

You might disagree with things like:

• how much you’re going to be paid
• the date your payments will start

If you think your Adult Disability Payment is incorrect, you can:

• ask for a re-determination

• wait until Social Security Scotland reviews your Adult Disability Payment

You may want to wait for Social Security Scotland to review your Adult Disability Payment. If you make a re-determination request for your interim award you should be aware that:

• your award could increase, reduce, stay the same or stop

• you cannot withdraw your re-determination request after you submit it

• you cannot ask for another re-determination once Social Security Scotland make a new decision

You have the right to appeal Social Security Scotland’s re-determination decision about your application for Adult Disability Payment.

You should get independent advice before asking for a re-redetermination. This is because you may be better off financially if you wait for this review.

Get advice before you decide

It’s a good idea to get some advice before deciding how you’re going to challenge a decision.

You can get advice from:

• an organisation who has helped you in the past
• Citizens Advice Scotland
• Social Security Scotland

A re-determination

When you get a letter from Social Security Scotland telling you how much your payments will be, you can ask them to look at this ‘determination’ again.

A ‘determination’ is the legal term for the decision Social Security Scotland has made about how much your Adult Disability Payment will be.

A ‘re-determination’ is the legal term for a new decision that’s made by a different team at Social Security Scotland.

This is when a new team at Social Security Scotland take a look at your original application for the benefit. They’ll look at all the information you provided and make a new decision about things like:

• whether you should get the payment
• how much you should get
• from what date you should be paid

This team will not have been involved in making the original decision about whether you should get this benefit.

From the date of the letter, you have 42 days (6 weeks) to ask for a re-determination.

Social Security Scotland has 182 days to make their re-determination. You have the right to appeal if Social Security Scotland take longer than 56 days.