ADP Re-determination: A Complete Guide

If your Adult Disability Payment (ADP) determination is not what you expected, a re-determination is your first move. It is the point where you ask Social Security Scotland to look at your case again, and for a great many people it is the stage where a wrong outcome gets put right without ever reaching a tribunal. This guide sets out what a re-determination is, the deadlines that matter, how to ask for one and what to put in your request. If the re-determination does not resolve it, see how long a tribunal appeal takes.

The word to hold onto is timescales. The Scottish process runs on three fixed numbers: 42, 56 and 31. You have 42 days to ask, Social Security Scotland has 56 days to answer, and if you still disagree you have 31 days to appeal. Get those in your head and the rest of the process falls into place.

What a re-determination actually is

A re-determination is a fresh look at your ADP case by a different decision maker at Social Security Scotland. It is not you asking the same person to change their mind. Someone new reviews the whole application, including anything extra you send in, and reaches a new determination. It is the first stage for challenging an ADP determination, and the rules and the culture around it are Scottish through and through: the system is built to be less adversarial and case managers are expected to help you.

For how this stage fits with the appeal that follows it, and the published success rates for each, see our overview of challenging a determination.

If your determination came back with no points at all, start with what to do when you score zero, because the argument you need is different from a near miss.

You can ask for a re-determination whether you were refused outright, awarded fewer points than you expected, given the standard rate when you believe you qualify for the enhanced rate, or awarded one component but not the other. Scoring 8 to 11 points in a component gives the standard rate and 12 or more gives the enhanced rate, so even a shift of a single descriptor can change what you receive.

The 42-day window to request

You have 42 days from the date on your determination letter to ask for a re-determination. That is six weeks, and it runs from the date printed on the letter, not the day it lands on your mat, so open the post promptly and diarise the deadline the moment it arrives.

If you are used to the rest-of-UK system, this is the stage that replaces the Mandatory Reconsideration and the clock is different. See ADP and PIP compared.

Miss the 42 days and you are not necessarily out of time. Social Security Scotland can accept a late request for up to a year from the determination if you have a good reason for the delay. Good reasons include being in hospital, a bereavement, a serious flare of your condition, or simply never having received the letter. Beyond one year the right is lost, so late is workable but early is far safer.

How to request a re-determination

There is no special form. You can ask in any of three ways:

• By phone on 0800 182 2222, which is the quickest route and lets an adviser log it there and then.
• In writing, by letter to Social Security Scotland, keeping a copy and ideally sending it so you have proof of posting.
• Online, through your mygov.scot account if you applied online.

Whichever route you choose, say clearly that you want a re-determination of your ADP determination, quote your reference number, and confirm your name, date of birth and address so your case is found quickly. Then set out which parts of the determination you disagree with. You do not need to argue every activity: focus on the descriptors where you believe the points are wrong.

What to include in your request

The strongest re-determination requests do three things: they name the specific activities in dispute, they explain the difficulty in real terms, and they back it with information Social Security Scotland can rely on.

If you would rather work from a structure than a blank page, our re-determination letter guide sets out the paragraphs in order.

Point to the specific descriptors

Work through the daily living and mobility activities and identify where you think the determination went wrong. For each one, describe what actually happens on a typical or bad day, not a good one. If preparing a meal is unsafe because you drop pans or forget the hob is on, say so plainly and say how often.

Lean on the reliability rule

Regulation 7 is often where determinations go wrong. An activity only counts as done if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time. If you cannot do something reliably on most days, you are treated as unable to do it. Many re-determinations succeed simply by showing that a task the determination assumed you could manage is not something you can do reliably.

Add supporting information

This is where the Scottish system helps you. Social Security Scotland has a duty to help gather supporting information, and case managers can contact the people and organisations you name and request it themselves. You do not need a separate document for every condition. One reliable piece of formal information about a condition responsible for more than a minor part of your needs can be enough to tip a determination.

The 56-day rule

Once your request is accepted, Social Security Scotland has 56 days to complete the re-determination. During that time a new decision maker reviews everything and may gather further information. At the end you receive a re-determination outcome that either changes your award or leaves it as it was.

The 56 days matter for another reason. If Social Security Scotland does not finish within that period, you gain a direct right of appeal to the First-tier Tribunal for Scotland even though the re-determination has not concluded. They will write to tell you that this right is now open. You are never left stuck waiting indefinitely: the 56-day limit is your protection.

Protecting your income: Short-term Assistance

If you already had an ADP award and a later determination reduces or stops it, and you challenge that, you can receive Short-term Assistance. It bridges the gap so that your income does not fall while you dispute the cut, and it is paid through the re-determination and any subsequent appeal.

Two things are worth knowing. First, Short-term Assistance is not repayable, so challenging a reduction cannot leave you worse off than if you had simply accepted it. Second, it is only for cases where an existing award is being cut or ended. It is not available for a brand new claim that has been refused, because there was no earlier award to protect.

If the re-determination does not go your way

If you still disagree after the re-determination outcome, the next step is an appeal to the First-tier Tribunal for Scotland (Social Security Chamber). You have 31 days from the re-determination outcome to lodge it. The tribunal is fully independent of Social Security Scotland and considers your case afresh. In most instances you must go through the re-determination stage before you can appeal, which is exactly why getting the re-determination request right matters so much.

Frequently Asked Questions

What is an ADP re-determination?

It is Social Security Scotland looking at your ADP case again when you think the determination is wrong. A different decision maker reviews everything, including new information you send, and reaches a fresh determination. It is the first step for challenging a determination and comes before any appeal.

How long do I have to request one?

You have 42 days from the date on your determination letter. If you miss that, you can still ask up to a year later with a good reason for the delay, such as illness or not receiving the letter. After a year the right is lost.

How do I request a re-determination?

By phone on 0800 182 2222, in writing, or through your mygov.scot account. Say you want a re-determination of your ADP determination, give your reference number, and explain which parts you disagree with and why. There is no special form.

How long does it take and what is the 56-day rule?

Social Security Scotland has 56 days to complete your re-determination once it is accepted. If they do not decide within 56 days you gain a direct right to appeal to the First-tier Tribunal for Scotland, and they will write to tell you.

Will my payments stop while I challenge?

If you already have an award that a later determination reduces or stops, you can get Short-term Assistance while you challenge it, paid through the re-determination and any appeal. It is not repayable and is not available for a refused new claim.

What if the re-determination does not change anything?

You can appeal to the First-tier Tribunal for Scotland (Social Security Chamber) within 31 days of the re-determination outcome. The tribunal is independent of Social Security Scotland and looks at your case afresh.