Legal Aid Impact Test
Someone who has applied for the SCP but whose application has been unsuccessful will be able to ask Social Security Scotland (the agency) for a re-determination without having to supply further evidence. The agency will however take into consideration any new evidence provided. The timescales for a requesting a re-determination and the time period allowed for the agency to complete the re-determination is set out in the regulations. If the individual is dissatisfied with the re-determination outcome, they can appeal to the First-tier Tribunal. Advice and assistance is available to enable solicitors to provide initial advice on social security appeals. Assistance in the form of representation is not available, but this is available for an onward appeal to the upper tribunal dependent on eligibility. Legal assistance through the statutory scheme of Advice and Assistance, and Advice by Way of Representation will continue. Any impact on legal aid is expected to be minimal, as this is a top up benefit so individuals will already be engaged with the benefits system prior to applying for the SCP.