Late ADP Re-determination Requests: The Up-to-One-Year Rule

The letter came, the outcome was wrong, and life got in the way. By the time you sat down to deal with it, the deadline had already gone. If that is where you are with Adult Disability Payment (ADP), take a breath, because in Scotland a missed re-determination deadline is very often recoverable. The 42-day window is the first line, but it is not the last one.

This guide is only about lateness. It explains how far past the deadline you can still go, what Social Security Scotland means by a good reason, and how to make the request in a way that gives you the best chance of it being accepted. If you are still inside the 42 days, our full re-determination guide is the better starting point.

First, the two clocks that matter

There are two separate time limits sitting one behind the other, and knowing which one applies to you changes everything.

The 42 days run from the date printed on your determination letter, not the day you opened the envelope or the day the meaning of it sank in. That matters because slow post and a stressful few weeks can quietly eat most of your window before you have even started. If you are reading this and the date on your letter is more than six weeks ago, you are in the second band, and the rest of this article is written for you.

What "a good reason" actually means

There is no tick-box list in the rules, and that is deliberate. Social Security Scotland is meant to look at your individual circumstances rather than measure you against a rigid template. The Scottish system is designed to be less adversarial than the benefit it replaced, and that spirit runs through how lateness is handled too. What they are really asking is a fair question: given everything that was happening to you, is it understandable that you did not act in time?

Reasons that people commonly rely on include:

• You were in hospital, or too unwell to deal with paperwork.
• A mental health crisis or a flare-up of your condition made it impossible to act.
• A bereavement or a family emergency took over your life.
• Caring responsibilities left you with no capacity to respond.
• The determination letter never reached you, or reached you very late.
• You did not understand what the letter meant or that there was a deadline.
• Your disability itself made it hard to read, process or act on the letter in time.

None of these is a magic password. What turns a reason into a good reason is being specific and, where you can, backing it up. "I was unwell" is weaker than "I was admitted to Ninewells on 3 May and discharged on 21 May, and my discharge letter is enclosed." You do not need to prove things to a court standard, but a date, a name or a short letter lifts your explanation from a claim into something Social Security Scotland can act on.

How to make a late request

You ask for a late re-determination in the same ways as an on-time one. There is no special form and no different phone number.

• By phone on 0800 182 2222, which is often the quickest way and lets an adviser note your reason as you speak.
• In writing, using the re-determination form or a letter, sent to the address on your determination letter.
• With help from a local advice service, welfare rights worker or Citizens Advice Scotland, who can put the request and your good reason together with you.

Whichever route you choose, make three things unmistakable: that you want a re-determination, which parts of the determination you disagree with, and why your request is late. Keep a note of the date you asked and, if you write, keep a copy. If you phone, jot down the time of the call and who you spoke to.

What happens once your late request is accepted

If Social Security Scotland accepts that you had a good reason, your late request is treated exactly like one that arrived on time. From that point they have 56 days to look at your case again and issue a fresh determination. If they let that 56-day deadline pass without deciding, you gain a direct right of appeal to the First-tier Tribunal for Scotland without having to wait any longer.

When the re-determination outcome does come, you have a further 31 days to appeal to the First-tier Tribunal for Scotland if you still disagree. In other words, a successful late request puts you back on the normal track, with all the usual timescales flowing from there.

If your money was cut or stopped

Where you are challenging an existing award that has been reduced or ended, you may be able to receive Short-term Assistance to bridge the gap. It runs through the re-determination and through any later appeal, and it is not repayable, so standing up for yourself does not risk leaving you worse off in the meantime. Short-term Assistance does not apply to a refused new claim, because there was no existing award to protect.

If the late request is refused

Social Security Scotland can decide your reason is not good enough, or that the year has already run out. If that happens they will tell you the request cannot be accepted. That is not automatically the end. You can still take the matter to the First-tier Tribunal for Scotland, which has its own power to consider whether time should be extended in the interests of justice. This is the point at which independent advice really earns its keep, so contact a welfare rights service and, if you have not already, phone 0800 182 2222 to talk through where you stand.

Frequently Asked Questions

I missed the 42-day ADP re-determination deadline. Is it too late?

Not necessarily. Social Security Scotland can accept a late request for up to one year after the 42-day window closes, if you show a good reason for the delay. After that year, a re-determination is no longer possible.

What counts as a good reason for a late request?

There is no fixed list. They look at your circumstances: being in hospital or seriously unwell, a mental health crisis, a bereavement, caring duties, not understanding the letter, a disability that made it hard to act, or the letter not reaching you. Be specific and cover both why you were late and why it then took as long as it did.

How is the 42-day period counted?

The 42 days run from the date on your determination letter, not the day you opened it. If you are already past day 42, move to a late request and set out your good reason, because the one-year backstop still gives you room.

Will asking late affect my payments while I wait?

If you are challenging an existing award that was reduced or stopped, you may get Short-term Assistance to cover the difference through the re-determination and any appeal. It is not repayable and does not apply to a refused new claim.

What happens after my late request is accepted?

It is treated like an on-time request. Social Security Scotland has 56 days to look again. If they miss that, you gain a direct right of appeal. From the outcome you then have 31 days to appeal to the First-tier Tribunal for Scotland.

What if my late request is refused?

If your reason is judged not good enough, or the year has passed, they will tell you it cannot be accepted. You can still take the case to the First-tier Tribunal for Scotland, which can consider extending time. Phone 0800 182 2222 and get help from a local advice service.