How do I appeal a decision relating to a Social Security Scotland benefit?
Challenging a decision made by Social Security Scotland is a different process from appealing a decision made by the Department of Work and Pensions. The way to challenge a decision will depend on the specific benefit.
To challenge a decision about either Best Start Foods or Job Start Payment you will be required to phone Social Security Scotland free on 0800 182 2222.
Step 1: Redetermination
If you wish to challenge a decision about any of the other Social Security Scotland benefits you can expect a two-stage process. The first stage is known as redetermination. During this time, a team from Social Security Scotland will look at your benefits application and make a new decision based on the benefit that you have applied for.
In most cases, you should request a redetermination less than 31 calendar days after the date on your original decision letter. The exemptions to this rule are Child Disability Payment, Adult Disability Payment and Child Winter Heating Assistance, which all have six weeks to request a redetermination.
Once Social Security Scotland has received your request for a redetermination, they will be in touch to let you know how long you can expect to receive a new decision.
Step 2: Appeal
The second stage of the process is known as an appeal and can only be pursued if you have received a redetermination decision and disagree with it.
You will have 31 calendar days to request an appeal from when you have received Social Security Scotland’s letter that informs you of their re-determination decision or that they have not been able to make their re-determination decision in time.
To request either a re-determination or an appeal you should phone Social Security Scotland on 0800 182 2222. Social Security Scotland will also be able to provide help with filling in your form
After you request an appeal Social Security Scotland will have seven working days to send the details of your case to the tribunal.
The tribunal will let you know what the outcome of your appeal has been and if you are required to take any further action such as if there is any information that they may require from you.
In some cases, you may be required to attend a tribunal where you will be required to answer some questions about your case and explain your argument. There is also the option to have someone represent you at the hearing to provide you with support.