Costs involved in Social Security Scotland responding to Adult Disability Payment appeals in the First-tier Tribunal for Scotland: FOI release

Information requested

How much per annum is spent appealing rejected claims for Adult Disability Payments.

I appreciate you may not have much data as if is a new benefit, just any information that would help estimate this cost would be appreciated.

Response

We have interpreted your request to be for the costs involved in Social Security Scotland responding to Adult Disability Payment appeals in the First-tier Tribunal for Scotland, together with the costs of any onward appeal to the Upper Tribunal for Scotland (regardless of whether the Upper Tribunal appeal is brought by the individual or Social Security Scotland).

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While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested.

This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.

In responding to an appeal brought by an individual in the First-tier Tribunal, Social Security Scotland has to undertake a number of tasks, including sending that appeal and all associated documentation to the Tribunal, writing an appeal response in accordance with the Tribunal Rules, and attending a hearing if one takes place. This involves a range of staff across Social Security Scotland, including its presenting officers who represent Social Security Scotland at hearings. However, all of these members of staff undertake a range of functions and may deal with benefits other than Adult Disability Payment. There is no business need for Social Security Scotland to record the time spent by its staff in a way that would allow a cost for individual items of work to be derived.

You may also wish to be aware that individuals may appeal to the First-tier Tribunal for Scotland for a variety of reasons – for example where an award is made but the individual thinks a higher rate is payable or that entitlement should begin from an earlier date – and not simply because an application for assistance was unsuccessful.

You may be interested in the information contained in prior Freedom of Information response Fees paid by Social Security Scotland to external legal services providers: FOI release - gov.scot. This response contains some information which may be of interest to you, though it should be noted that the Upper Tribunal appeals outsourced to Anderson Strathern were not exclusively Adult Disability Payment appeals.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.