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Child Disability Payment Scotland - How do I challenge a Child Disability Payment decision?

Child Disability Payment is a new Scottish benefit for children with disabilities. It is replacing Disability Living Allowance for children in Scotland.

How do I challenge a Child Disability Payment decision?

To dispute a decision on your claim for Child Disability Payment:

  • First you have to give Social Security Scotland chance to look at the decision again
  • Then, If you still don't agree, you can get an independent tribunal to look at the decision

It is a good idea to get help from an independent benefits specialist if you want to dispute a decision.

In some cases, you can get money while you are waiting for a redetermination or an appeal.

Redetermination

If you think that the wrong decision has been made on your application for Child Disability Payment, you can ask Social Security Scotland to look at the decision again. This is called a Redetermination.

You have 42 days from the date you are told about the decision to ask Social Security Scotland to look again at the decision. If you miss this date, you can still ask them to look again but you will need to explain why you are late.

You can ask for a redetermination by calling 0800 182 2222 or by downloading and filling in a redetermination form and posting it to 

Social Security Scotland

PO Box 10303

Dundee

DD1 9FY

Try to send it recorded delivery if you can.

Keep a copy of the form you filled out if you can.

You can also use the Text Relay Service: 18001 +0300 244 4000 or the ContactScotland app for BSL users.

Social Security Scotland then has 56 days to make a decision on your request for redetermination. 

Appeal

You can appeal to a tribunal if Social Security Scotland:

  • do not make a decision on your redetermination within 56 days of you sending it, or
  • say you can't make a late application for redetermination, or
  • don't change their decision, or
  • change their decision but you still think it is wrong.

You have 31 days from Social Security Scotland's decision on your redetermination to appeal. If you are late, you can still appeal if it is within one year of the decision.

You can appeal by calling Social Security Scotland on 0800 182 2222 or by completing a paper form and returning it to:

Social Security Scotland
PO Box 10309
Dundee
DD1 9GF

Try to send it recorded delivery if you can.

Keep a copy of the form you filled out if you can.

You can also use the Text Relay Service: 18001 +0300 244 4000 or the ContactScotland app for BSL users.

Short term assistance

If you are waiting for a redetermination or are appealing a decision to stop or reduce Child Disability Payment, you might be able to get money to replace the payment you are disputing. This is called Short Term Assistance. You should ask for it when you ask for a redetermination or appeal. 

Even if your redetermination or appeal fails, you won't have to pay back the money you get from Short Term Assistance.

 

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