How to challenge a decision

The way to challenge a decision will depend on the benefit.

Challenging Best Start Foods and Job Start Payment

If you want Social Security Scotland to review their decision about either of these benefits, you should call them free on 0800 182 2222.

You can request a review by contacting the Text Relay Service: 18001 +0300 244 4000 for the hard of hearing.

If you're a British Sign Language user, use the Contact Scotland service to contact Social Security Scotland by video relay.

Challenging all other benefits

For all other benefits, there’s a two-stage process to challenge a decision:

• Stage 1 - re-determination
• Stage 2 - appeal

If you apply for an appeal without a previous re-determination request, your request for an appeal will not be accepted.

If you’re moving from Personal Independence Payment or Working Age Disability Living Allowance on to Adult Disability Payment and want information about challenging a decision, you should call Social Security Scotland free on 0800 182 2222.

You can request a re-determination or an appeal by contacting the Text Relay Service: 18001 +0300 244 4000 for the hard of hearing.

If you're a British Sign Language user, use the contactSCOTLAND app to contact Social Security Scotland by video relay.

Stage 1 - re-determination

The first stage is called a re-determination. A new team at Social Security Scotland:

• looks at your original benefit application and the information provided
• makes a full new decision on the benefit you applied for

The new decision will cover things whether you should get the payment, how much you should get, and from what date you should be paid.

The team who makes this new decision will not have been involved in making the original decision about whether you should get this benefit.

They will make an entirely new decision based on your benefit application and any existing information, and any new information that was relevant to your circumstances at the time of your application or review.

A re-determination decision can result in your award increasing, decreasing or staying the same. If you do not agree with your re-determination decision, you can  make an appeal to the First-tier Tribunal.

Social Security Scotland may tell you that you've been paid too much. You can challenge overpayment-related decisions, but how you do so will depend on the decision you’re given.

Social Security Scotland may tell you that you’ve been paid too much and that they want to recover this money from you by deducting money from your ongoing benefit payments. You will be able to request a re-determination to challenge this decision.

Social Security Scotland may tell you that you’ve been paid too much, but may or may not ask you to pay the money back. You will not be able to request a re-determination for this decision. Social Security Scotland will give you more information about how to challenge overpayment-related decisions like this in the letter telling you that you’ve been overpaid.

How long you have to request a re-determination

For most benefits, you have 31 calendar days to request a re-determination once you have been informed of Social Security’s Scotland’s determination on your original decision letter. The only exceptions to this are Adult Disability Payment, Carer Support Payment, Child Disability Payment, Child Winter Heating Payment, and Pension Age Disability Payment. You have 42 calendar days (6 weeks) to request a re-determination for these benefits.

Sometimes Social Security Scotland will accept re-determination requests made late if you provide a good reason and as long as you request it no more than one year after getting the decision letter. An example of a good reason might be illness and hospitalisation during the relevant period.

If you do not provide a good reason, Social Security Scotland may refuse your request.

When Social Security Scotland get your re-determination request, they’ll let you know they have it and how long they have to make a new decision.

Stage 2 - appeal

The second stage is called an appeal. If you disagree with your re-determination (Stage 1) decision, you have a right to make an appeal to the First-tier Tribunal. You can also make an appeal if Social Security Scotland do not make a re-determination decision in time.

This means that if Social Security Scotland miss their deadline to make a decision on your re-determination, you have the right to make an appeal to the First-tier Tribunal against the original determination without waiting for your re-determination to be made.

Your appeal application will be sent to the First-tier Tribunal for Scotland. The First-tier Tribunal is independent of Social Security Scotland and looks at all the facts and information available, and can either uphold Social Security Scotland’s determination, or make its own determination. This means that your award could increase, decrease or stay the same.

How long you have to request an appeal

You can request an appeal within 31 calendar days of getting Social Security Scotland’s letter that tells you either:

• their re-determination decision
• that they’ve not been able to make their re-determination decision in time

If you make an appeal more than 31 calendar days after getting this letter, you should explain the reasons why you have not made an appeal sooner. The First-tier Tribunal for Scotland will decide if they can accept your appeal.

The First-tier Tribunal may accept your appeal if it is made late, as long as the Tribunal is satisfied that you had a good reason for making a late appeal, and your application to appeal is not made more than one year after getting this letter. If you do not provide a good reason, the First-tier Tribunal may refuse your appeal.