How long do I have to request an ADP re-determination?

You have 42 days from the date on your determination letter to ask for a re-determination. A late request can be accepted for up to a year if you had a good reason for the delay, such as illness or a bereavement. Explain the reason for any delay clearly in your letter. Once your request is accepted, Social Security Scotland has 56 days to make a new determination.

What is reliability and why does it matter in the letter?

Reliability is regulation 7 of the 2022 Regulations. An activity only counts as done if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time period. If you cannot do it reliably on most days you are treated as unable to do it. Building reliability into every activity in your letter is often what turns a nil or standard award into a higher one, so say what happens when you push through, how long it takes and what it costs you afterwards.

Will my payments stop while I wait for the re-determination?

If you are challenging a determination that reduced or stopped an existing award, you can receive Short-term Assistance to make up the difference while the re-determination and any later appeal are decided. It is not repayable even if the challenge does not succeed. Short-term Assistance does not apply to a refused new claim where you were not already receiving an award.

What happens if Social Security Scotland miss the 56 day deadline?

If Social Security Scotland do not make a new determination within 56 days, you gain a direct right to appeal to the First-tier Tribunal for Scotland without waiting any longer. You have 31 days from the re-determination outcome, or from the point the deadline passes, to lodge your appeal. You do not have to appeal, but the option is yours to use.

How to Write an ADP Re-determination Letter (Scotland 2026)

Q: What should an ADP re-determination letter include?

A strong re-determination letter names the determination you are challenging and its date, states the rate and points you believe you should receive, then works through each activity where you disagree. For every activity you name the descriptor you should have scored, give real examples of what happens when you attempt the task, and explain why you cannot do it reliably. You attach or point to any supporting information and finish by asking Social Security Scotland to change the determination.

Q: Can I add new supporting information with my re-determination letter?

Yes. You can send new supporting information such as a letter from a consultant, a care plan or a statement from someone who helps you. Social Security Scotland also has a duty to help gather supporting information and case managers can request it themselves from people you give permission to contact. One reliable piece of formal information about a condition responsible for more than a minor part of your needs can be enough to change a determination.

If Adult Disability Payment (ADP) has been refused or awarded at a lower rate than you expected, the first way to challenge it is a re-determination. This is Social Security Scotland looking at your case again, and it is a genuine second chance rather than a rubber stamp. The quality of the letter you send is what decides whether that second look works in your favour. A good letter does not just say the determination is wrong, it shows precisely where and why, activity by activity.

This guide gives you a reliable structure for that letter. It is written for the Scottish system, so the timescales, the reliability rule and Short-term Assistance are all built in. You do not need legal language or a template full of jargon. You need clarity, real examples and the right points fastened to the right descriptors.

Before you write, read the determination letter. It sets out which descriptor and how many points you were given for each activity. Your letter is a response to that document, so you need to know exactly where you fell short of the next descriptor up. Work out the score you believe is correct: 8 to 11 points in a component gives the standard rate and 12 or more gives the enhanced rate, from any combination of activities.

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Get the timescale right first

You have 42 days from the date on your determination letter to ask for a re-determination. Do not leave it to the last day. If you are already past 42 days, a late request can still be accepted for up to a year where you had a good reason for the delay, for example a stay in hospital, a bereavement or not receiving the letter. If that applies, open your letter by explaining the delay plainly.

Once your request is accepted, Social Security Scotland has 56 days to make a new determination. Keep a note of the date you sent your letter so you can track that window yourself.

The anatomy of a strong re-determination letter

Think of the letter in five parts. Each one does a specific job, and skipping any of them weakens the whole.

The five parts of the letter

Your details and the determination you are challenging. Full name, date of birth, National Insurance number and the date of the determination letter.
What you are asking for. State the component and rate you believe you qualify for and, if you can, the total points.
The per-activity rebuttal. The heart of the letter, taking each disputed activity in turn.
Supporting information. What you are attaching, and who else holds useful information.
Your request and signature. A clear ask to change the determination.

Keep the opening short. Two or three sentences are enough: name the determination, its date and say you are requesting a re-determination because you disagree with the descriptors chosen for named activities. The work happens in part three.

The per-activity rebuttal, done properly

This is where most letters are won or lost. Do not write a general paragraph about how hard life is. Instead take each activity where you disagree and handle it separately, so the case manager can line your argument up against the descriptor wording. For each one, use the same four moves.

1. Name the descriptor you should have scored

Quote or paraphrase the descriptor you believe fits and the points it carries. For example, if you were given the descriptor for needing to use an aid to prepare food but you actually cannot cook a meal safely at all, say so and name the higher descriptor. This tells the case manager exactly what decision you want changed.

2. Describe what really happens

Give a concrete, recent example. Not "I struggle to cook" but "On 2 June I tried to make a hot meal, my hands began shaking, I dropped the pan and left a burn on my forearm, and I have not attempted to cook since." Specific, dated examples carry far more weight than general statements.

3. Anchor it to reliability

This is the Scottish rule that turns a weak letter into a strong one.

Reliability is regulation 7. An activity only counts as something you can do if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time period. If you cannot manage it that way on most days, you are treated as unable to do it. For every activity, say what happens when you push through: the pain or exhaustion afterwards, the extra time it takes, the risk of harm and the days you cannot do it at all.

4. Point to the evidence

Where a letter from a consultant, a care plan or a prescription backs up what you have said, mention it here so the case manager connects the document to the specific activity.

Repeat those four moves for each disputed activity. If you were awarded the standard rate but believe you qualify for the enhanced rate, focus on the activities that would take you from 11 points to 12. If you were refused outright, cover every activity that affects you.

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Use the Scottish duty to gather supporting information

You are not expected to build a mountain of evidence alone. Social Security Scotland has a duty to help gather supporting information, and case managers can request it themselves from the people and organisations you give permission to contact. In your letter, list who holds the most useful information, your GP, a consultant, a community psychiatric nurse or a support worker, and give permission for them to be contacted.

You also do not need a separate document for every condition. One reliable piece of formal supporting information about a condition responsible for more than a minor part of your needs can be enough to shift a determination. Quality beats volume.

Tip. If you have a single new piece of evidence that was not in your original application, such as a recent clinic letter or an occupational therapy report, lead with it. New information that was not considered the first time gives the case manager a clear reason to change the determination.

Protect your income while you wait

If your re-determination is about a determination that reduced or stopped an award you already had, you can receive Short-term Assistance to cover the difference while the challenge is decided. It runs through the re-determination and through any later appeal, and it is not repayable even if your challenge does not succeed. This means challenging a cut does not leave you worse off in the meantime. Short-term Assistance does not apply to a refused new claim, where you were not already receiving an award.

If the re-determination does not go your way

If Social Security Scotland keeps the determination the same, or if they miss the 56 day deadline, you can appeal to the First-tier Tribunal for Scotland (Social Security Chamber). You have 31 days from the re-determination outcome to lodge that appeal. The tribunal is independent of Social Security Scotland, and everything you set out in your re-determination letter, the examples, the reliability points and the evidence, carries straight over into that stage, so a well built letter is never wasted work.

A quick checklist before you send

Is it within 42 days, or have you explained a good reason for a late request?
Have you named each disputed activity and the descriptor you should have scored?
Does every activity have a dated, concrete example?
Have you tied each activity to reliability under regulation 7?
Have you listed your supporting information and who else to contact?
Have you kept a copy and a note of the date you sent it?

Frequently Asked Questions

What should an ADP re-determination letter include?

Name the determination and its date, state the rate and points you believe you qualify for, then work through each activity you disagree with. For each one name the descriptor you should have scored, give a real dated example, explain why you cannot do the task reliably, and point to any supporting information. Finish by asking Social Security Scotland to change the determination.

How long do I have to request a re-determination?

You have 42 days from the date on your determination letter. A late request can be accepted for up to a year with a good reason for the delay. Once accepted, Social Security Scotland has 56 days to make a new determination.

Can I just phone instead of writing?

You can request a re-determination by phone on 0800 182 2222, in writing or on the form sent with your determination. A written letter is usually stronger because it lets you set out each activity and your examples in full and gives you a record of what you argued.

What is reliability and why does it matter?

Reliability is regulation 7: an activity only counts if you can do it safely, to an acceptable standard, repeatedly and in a reasonable time. If you cannot do it reliably on most days you are treated as unable. Building this into every activity often lifts an award to a higher rate.

Will my payments stop while I wait?

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

What if they miss the 56 day deadline?

You gain a direct right to appeal to the First-tier Tribunal for Scotland without waiting further. You have 31 days from the re-determination outcome, or from the point the deadline passes, to lodge your appeal.

Can I add new supporting information?

Yes. Send anything new such as a consultant letter or care plan. Social Security Scotland also has a duty to help gather information and can request it from people you give permission to contact. One reliable piece about a condition responsible for more than a minor part of your needs can be enough.

Sources: The Disability Assistance for Working Age People (Scotland) Regulations 2022 (SSI 2022/54), Schedule 1 and regulation 7 (legislation.gov.uk). Re-determination and appeal guidance on mygov.scot and socialsecurity.gov.scot.

How to Write an ADP Re-determination Letter