Self-advocacy toolkit: how to appeal your Social Security Benefit decision

After you apply for a benefit, you’ll receive a Notice of Determination letter from Social Security Scotland, explaining the outcome of your benefit application. You might not agree with the decision. This toolkit can help you ask for Social Security Scotland to look again at your application.

The appeal request could be for you, a member of your family, or someone you care for.

This toolkit explains your options, and offers practical tips and resources.

If you haven’t applied for a benefit yet, you can get help with the process from the VoiceAbility application toolkit.

Social Security Scotland will send you a letter with their decision about your benefit application. This letter is known as the Notice of Determination.

The letter will contain a report which includes a full breakdown of Social Security Scotland’s decision and will contain details on:

• payment details​
• how to contact Social Security Scotland
• what appeal rights you have if you are unhappy with the decision
• a copy of your consultation report (if you applied for Adult Disability Payment and were asked to attend a consultation)

If you’re unhappy with the outcome of your benefit application, you can ask for your application to be looked at again.​This is called asking for a re-determination.

There are two ways that you can ask:

• by calling 0800 182 2222 (free, 8am to 6pm, Monday to Friday)
• by completing a paper form and returning your completed form to:

Social Security Scotland
PO Box 10303
Dundee
DD1 9FY

Find out more about the paper form and templates.

Once submitted, a member of the Social Security Scotland Client Experience Team will look at the application again and make a re-determination.

You must make a re-determination request within 31 calendar days of being sent the Notification of Determination letter for these applications:

• Best Start Grant
• Scottish Child Payment
• Young Carer Grant
• Funeral Support Payment
• Carer’s Allowance Supplement (applicable if you have a genuine and sufficient link to Scotland but live outside of the United Kingdom and in the European Economic Area or Switzerland).

You must make a re-determination request within 42 calendar days of the Notice of Determination letter for these applications:

• Child Disability Payment
• Adult Disability Payment
• Child Winter Heating Assistance

The calendar days do not start until two days after the date of your Notice of Determination letter which means you have 44 calendar days from the date on your letter.

If you would like someone to support you to fill in your appeal form, call 0300 303 1660 and a VoiceAbility advocate will be able to help.

If you identify as disabled, you can get free support to access benefits from Social Security Scotland.

This support is available from the moment you want to start an application and is entirely independent from Social Security Scotland.

What is an advocate?

An advocate is an independent professional who is on your side. They can support you to have your say, know your rights and can help you with each stage in the appeals process, from start to finish.

Advocates don’t work for the government or Social Security Scotland.

When you work with an advocate, they will keep things confidential.

You don’t need to pay for an advocate. Their support is free.

What do advocates do?

An advocate will:

• listen to what you think about what’s happening to you
• help you say what you want and don’t want
• help you understand information about your situation
• explain your options
• plan with you about what to do next

An advocate will not

• offer counselling or befriending
• offer legal advice
• make decisions for you
• tell you what to do

Social Security Scotland has 16 working days* from getting your request to make a re-determination decision about:

• Best Start Grant
• Scottish Child Payment
• Young Carer Grant
• Funeral Support Payment
• Carer’s Allowance Supplement
• Child Winter Heating Assistance

Social Security Scotland may take up to 56 working days* from getting your request to make a re-determination decision about:.

• Child Disability Payment
• Adult Disability Payment

*Due to the impact of coronavirus Social Security Scotland currently have 61 working days to make a decision.

The Notice of re-determination is the decision based on a second review of your application.

Once reviewed by a member of the Social Security Scotland Client Experience Team you will receive a re-determination letter.

It will include information on:

• Social Security Scotland’s re-determination decision
• your right to appeal this re-determination
• the appeal form inside the envelope
• your right to request Short-term Assistance while your appeal is considered, and how to apply for it

Find out more about Short-term Assistance.

If you think that Social Security Scotland made a mistake when deciding whether you are entitled to a benefit, you can make an appeal to the First-tier Tribunal (Social Security Chamber).

This includes a decision on whether you are eligible for a benefit or a decision on the amount of benefit paid.

You can appeal a Social Security Scotland decision about your:

• Best Start Grant
• Carer’s Allowance Supplement, but only if you applied from outside Scotland
• Adult Disability Payment
• Child Disability Payment
• Funeral Support Payment
• Short-term Assistance
• Young Carer Grant

An appeal can be made after you receive your notice of the re-determination from Social Security Scotland, or if Social Security Scotland tell you that they have not been able to review and re-determine the benefit within the allocated time period.

You can tell Social Security Scotland that you want to appeal by:

• Filling in the appeal form which came with your re-determination decision letter

• Calling free on 0800 182 2222, to complete your appeal on the phone

When Social Security Scotland receives your appeal form or your phone appeal, they will pass it onto the First-tier Tribunal.

They will also send information they have collected, including the application form, reports, and evidence you gave them. This means that you should not have to send this information again.

You will have 31 calendar days from the notice of re-determination letter to appeal.

If you would like someone to support you to fill in your appeal form, call free on 0300 303 1660. A VoiceAbility advocate will be able to help.

When you receive the re-determination notice, this letter will tell you that you can appeal to the First-tier Tribunal (Social Security Chamber).

The letter will also contain the appeal form that you must use and instructions on how to appeal. This appeal should be completed and returned within 31 calendar days of the date on the re-determination letter.

You can also download the form.

Please note that the appeal must be sent directly to Social Security Scotland and not sent to the First-tier tribunal (Social Security Chamber).

Social Security Scotland
PO Box 10303
Dundee
DD1 9FY

Social Security Scotland will send your completed appeal form to the tribunal service within 7 working days.

Social Security Scotland will tell you when they have sent your appeal form and case documentation to the First-tier Tribunal (Social Security Chamber).

If you have any questions about making an appeal, contact Social Security Scotland’s advisers who can help with completing the form. Their number is 0800 182 2222.

You may also appeal if you feel the process has not worked correctly, or if you feel a process decision by Social Security Scotland is not correct.

This is called a process appeal.

You can do this if:

• Social Security Scotland told you that your application for benefits was not accepted

• Social Security Scotland told you that your re-determination request did not contain the correct information

• Social Security Scotland told you that your re-determination request was late and told you that you did not have a good reason for not requesting it sooner

If you feel a process decision by Social Security Scotland is not correct, you can appeal, using the process decision appeal form, directly to the First-tier Tribunal (Social Security Chamber).

This appeal should be completed and returned within 31 calendar days of the date on the re-determination letter.

You can download the Process Decision Appeal Form.

You should send the completed form by email or post directly to the First-tier Tribunal (Social Security Chamber).

Email: sscadmin@scotcourtstribunals.gov.uk

First-tier Tribunal (Social Security Chamber) postal address:

Social Security Chamber
Scottish Courts and Tribunals Service
Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

Get help

If you would like someone to support you to fill in your process appeals form, call 0300 303 1660. A VoiceAbility advocate will be able to help.

Your appeal will be sent to Social Security Scotland and the First-tier Tribunal (Social Security Chamber). Both will review your application and the outcome decision.

Based on your circumstances, the First-tier Tribunal (Social Security Chamber) will either:

• make a decision regarding your case at a case management discussion

or

• invite you to attend a tribunal hearing

It may be possible for the First-tier Tribunal (Social Security Chamber) to make a decision based on the appeal documents, if everyone, including you, agree to this.

However, sometimes they might want to ask you more questions and discuss your appeal further. If so, the First-tier Tribunal will ask you to attend a hearing.

A hearing can take place by phone, on paper, or face-to-face.

You should submit any documents you have that are evidence before the day of the hearing. You can post or email your evidence.

Make sure you:

• send copies and not originals
• write your hearing’s reference number on each document

You can send evidence by email or post directly to the First-tier Tribunal (Social Security Chamber).

Email: sscadmin@scotcourtstribunals.gov.uk

First-tier Tribunal (Social Security Chamber) postal address:

Social Security Chamber
Scottish Courts and Tribunals Service
Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

If you have any questions, please contact Social Security Chamber on 0141 302 5858. Calls will be charged at a local rate.

They are open from 9am to 5pm Monday to Thursday, and 9am to 4:30pm on Fridays. They are closed on national bank holidays.

The hearing won’t be very formal. You’ll have the opportunity to explain the reasons for your appeal.

You will be asked questions about your appeal. You can bring someone to support you. You can also have a representative at the hearing.

You should prepare for the hearing. You should think about and plan:

• what you will say
• the reasons why you are appealing
• the questions they might ask you
• It’s a good idea to write some notes to help you prepare - you can take these notes with you to the hearing

Supporter
You can bring a supporter to the tribunal. A supporter is someone who can give you moral support. This could be a friend or family member. They do not need to have any special skills or expertise; they are just there to support you.

Representative
You may want to ask for professional representation.

A representative can speak for you and can attend the hearing with you. They can help you prepare for the hearing.

It is your choice whether you have a representative or not. Tribunals are designed to be used by people who are not represented, so you do not have to have one.

You can stop part of an appeal or the entire appeal by either:

• sending or delivering a letter of withdrawal to the First-tier Tribunal
• saying that you want to stop the appeal at a hearing

In most cases, the First-tier Tribunal must agree to stopping the appeal.

The First-tier Tribunal can:

• uphold the determination made by Social Security Scotland, which means they agree with Social Security Scotland’s decision
• make its own determination about your entitlement to the benefit

You will receive a letter with the decision notice from the First-tier Tribunal. Social Security Scotland will also send a letter telling you what the impact of the Tribunal’s decision will be on your benefit entitlement, if any.

Alternatively, if you attended the hearing in person or spoke to the Convener (the person who arranged the hearing) by telephone, you will have been told the decision of the Tribunal when you spoke with them. You will also receive a letter explaining the decision. Social Security Scotland will also be sent a copy of the decision.

If you want more detail, you can request a full written statement of reasons for the decision within 31 calendar days of the date of the decision notice. You must ask for this by writing a letter.

If you don’t agree with the Tribunal’s decision, you can challenge it if you can show that the Tribunal made an ​‘error of law’, also known as a ​‘point of law’.

Examples of this could be if:

• you believe the First-tier Tribunal has interpreted the law incorrectly
• the First-tier Tribunal has not followed the correct process
• the First-tier Tribunal did not give adequate reasons for its decision

You can challenge a decision in two ways. You can ask for:

• a review of the First-tier Tribunal’s decision (this does not apply to appeals about process)

• permission to appeal to the Upper Tribunal

How do I get a breakdown of the First-tier Tribunal’s decision?

If you would like to receive a written statement of reasons regarding the First-tier Tribunal’s decision you can ask for this in writing.

You will have to request this within 31 calendar days of the decision notice being presumed to have been generated by the First-tier Tribunal (they can either tell you this at your hearing or after the hearing via letter).

If you have misplaced the letter, then you can still submit a request to have it re-issued.

You can send a request to the First-tier Tribunal (Social Security Chamber) postal address:

Social Security Chamber
Scottish Courts and Tribunals Service
Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

If you disagree with the decision made at the First-tier Tribunal, you can ask for your appeal to be looked at again.​This is called asking for a review.

You must request a review within 14 calendar days of being told the First-tier Tribunal’s decision.

This will be either during your tribunal hearing when the decision was made or when the written statement of reasons was received, whichever is later.

The First-tier Tribunal will send you a letter telling you the outcome of any review. If you don’t agree with a decision that the Tribunal has made, you can make an appeal to the Upper Tribunal.

If you want to appeal against the First-tier Tribunal’s review, you must apply for permission to appeal the review by writing a letter. Please note, you cannot appeal against a process decision at this stage.

The First-tier Tribunal must receive the application for permission to appeal within 30 calendar days of you receiving the review decision from the First-tier Tribunal.

This will be either during your tribunal hearing when the decision was made or when the written statement of reasons was received, whichever is later.

You can apply via letter or e-mail to the First-tier Tribunal for permission.

If the First-tier Tribunal does not give you permission to appeal to the Upper Tribunal, you can appeal directly to the Upper Tribunal.

To appeal directly to the Upper Tribunal, you need to complete an Upper Tribunal Appeal and Permission Request Form.

The application for appeal must include:

• the decision of the First-tier Tribunal that you want to challenge
• the points of law which you want to use in your appeal
• a copy of any separate written statement of reasons for the First-tier Tribunal’s decision
• a copy of the notice of refusal of permission to appeal from the First-tier Tribunal

Download the Upper Tribunal Appeal and Permission Request Appeal Form.

You should send the completed form by email or post to the Glasgow Tribunals Centre.

Email: uppertribunalforscotland@scotcourtstribunals.gov.uk

The Glasgow Tribunals Centre postal address:
The Glasgow Tribunals Centre
20 York Street
GLASGOW
G2 8GT

Glasgow Tribunals Centre telephone number: 0141 302 5880

You must identify the points of law you want to use in your appeal.

For example, if you believe the First-tier Tribunal did not apply the law correctly, or if they did not give you valid reasons to justify the decision, you should include these points in the Upper Tribunal Appeal and Permission Request Appeal Form.

We suggest you get help from an organisation with this. VoiceAbility can help you find someone to help you.

The Upper Tribunal must receive an application for permission to appeal within 30 calendar days of receiving the decision from the First-tier Tribunal.

If you miss the 30 calendar days’ time limit you will have to ask for an extension to the time limit and explain why the request is late, for example, because you were in hospital.

If you would like someone to support you to fill in your process appeals and permission request appeal form, or attend a tribunal hearing, call free on 0300 303 1660 and a VoiceAbility advocate will be able to help.

If you would like someone to support you and discuss the ​‘point of law’ you would like to appeal, you can contact the Scottish Citizens Advice for free on 0800 028 1456.

The Upper Tribunal may ask you to attend a hearing to discuss your appeal. A hearing can take place by phone, on paper, or in person.

You may be asked to provide additional evidence. You can send evidence by email or post.

Email: uppertribunalforscotland@scotcourtstribunals.gov.uk

The Glasgow Tribunals Centre postal address :
The Glasgow Tribunals Centre
20 York Street
GLASGOW
G2 8GT

During the hearing, the Upper Tribunal might ask you questions or ask you to provide documents as evidence of what you say in your appeal.

You can bring someone to support you and you can have a representative at the hearing.

You should prepare for the hearing. You should think about and plan:

• what you will say
• the reasons why you are appealing
• the questions they might ask you
• It is a good idea to write some notes to help you prepare - you can take these notes with you to the hearing

Supporter
You can bring a supporter to the tribunal. A supporter is someone who can give you moral support. This could be a friend or family member. They do not need to have any special skills or expertise; they are just there to support you.

Representative
You may want to ask for professional representation.

A representative can speak for you and can attend the hearing with you. They can help you prepare for the hearing.

It is your choice whether you have a representative or not. Tribunals are designed to be used by people who are not represented, so you do not have to have one.

You can tell the Upper Tribunal that you want to stop your appeal. You can do this by:

• sending the Upper Tribunal a letter with notice of withdrawal
• saying that you want to stop the appeal at a hearing

You will not be able to stop the appeal if the Upper Tribunal does not agree to the withdrawal.

The Upper Tribunal can:

• agree with and uphold the decision made by the First-tier Tribunal on the point of law
• If the Upper Tribunal does not agree with the First-tier Tribunal decision, it can reject the decision

If it disagrees with the decision of the First-tier Tribunal, the Upper Tribunal can do any of the following:

• make a new decision
• send the case back to the First-tier Tribunal and give them directions on how to reconsider the case
• make such order as it sees fit

You will receive a letter from the Upper Tribunal.

The response will include:

• a decision notice stating the Upper Tribunal’s decision
• information about if you have the right of appeal against the decision and information about when and how you can make an appeal, if you have the right to do so

If the Upper Tribunal does not provide a letter with reasons for its decision, you may ask for these reasons, within 14 calendar days from the day of the decision.

VoiceAbility is open Monday to Friday, 9am to 5pm. We are closed on national bank holidays.

You can make a referral online, and we’ll contact you.

You can call us free on 0300 303 1660.

You can email us at helpline.scotland@voiceability.org.