Questions 28 to 32: Redeterminations and Unintended Consequences
Section 6 of the consultation asked about questions proposed timescales for a client to request a redetermination and Social Security Scotland time period to consider a redetermination for LIWHA.
The Social Security Act (Scotland) 2018 gives individuals a right to challenge a decision made by Social Security Scotland if they wish to, for example, because they think it is incorrect. The consultation proposed that people who do not receive a LIWHA payment, but who consider that they should have, will have 31 days after being notified of the original determination, to request a redetermination. It also proposed that Social Security Scotland have 16 working days to consider such redeterminations.
The vast majority of respondents agreed with these proposals. A few described the potential difficulties that groups who may lack confidence or need additional support, such as disabled people, older people, digitally excluded groups and rural communities, could face in meeting this deadline. We recognise the concerns from respondents around the need to provide flexibility for clients requesting a redetermination. A request for a redetermination can still be considered at any point up to a year after being notified of the original determination, if there is a good reason for the request being made late. Guidance will be developed to ensure that,
where a client requests a late redetermination, their request is fully considered, taking account of their individual circumstances
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