Social Security (Scotland) Act 2018: progress report 2024 to 2025
Report published under Sections 20 and 87 of the Social Security (Scotland) Act 2018 to provide an annual update on the delivery of the Scottish social security system.
7. Right to appeal
Section 87 of the Social Security (Scotland) Act 2018 requires Scottish Ministers to report on the number of people who obtained the right to appeal to the First-tier Tribunal under section 46 of the same Act, and the number of people who exercised this right.
A person can ask Social Security Scotland to make a new decision if, for example, the person’s application for assistance is denied, or if the person thinks the amount they are going to be paid is wrong. A person also has the right to appeal to the First-tier Tribunal against a re-determination of their entitlement to assistance if they disagree with the result of their re-determination. There may be cases where the re-determination is not completed by Social Security Scotland within the timescales set out in regulations. In such cases, a person has the right to appeal to the First-tier Tribunal against the original determination without waiting for the re-determination to be made.
Job Start Payment and Best Start Foods do not have a re-determination process. Instead, there is an internal review process, which means that clients can request that their decision be looked at again.
In total, 36,020 re-determination requests were received between 1 April 2024 and 31 March 2025 across all benefits. The table below shows the number of re-determination requests received in this time period.
| Benefit | Re-determinations 2024-25* |
|---|---|
| Adult Disability Payment | 29,505 |
| Best Start Grant | 610 |
| Carer Support Payment | 270 |
| Child Disability Payment | 3,000 |
| Funeral Support Payment | 315 |
| Pension Age Disability Payment | 30 |
| Scottish Child Payment | 1,990 |
| Winter Heating Payment | 55 |
| Young Carer Grant | 245 |
| Total | 36,020 |
*All figures in the table are rounded to the nearest five and may not sum to total.
In total, 6,865 appeals were received between 1 April 2024 and 31 March 2025 across all benefits. The below table shows the number of appeals received in this time period.
| Benefit | Appeals 2024-25 |
|---|---|
| Adult Disability Payment | 6,045 |
| Best Start Grant | 30 |
| Carer Support Payment | 20 |
| Child Disability Payment | 580 |
| Funeral Support Payment | 45 |
| Pension Age Disability Payment | N/A |
| Scottish Child Payment | 125 |
| Winter Heating Payment | 5 |
| Young Carer Grant | 15 |
| Total | 6,865 |
All figures above are rounded to the nearest five and may not sum to total.
In reporting on the number of re-determinations and appeals, section 87 of the 2018 Act also requires Scottish Ministers to indicate whether it is appropriate to amend the process for determining entitlement. As part of the 2025 Act, we are introducing new rights in relation to re-determinations and appeals. This includes the right to withdraw a re-determination request, the right to seek a re-determination and appeal beyond a year in exceptional circumstances, and the right to receive a new determination during an appeal in order to lapse the appeal. Work is being undertaken to ensure that all the necessary processes, guidance and systems are in place before we begin formal commencement of these changes
Re-determination and appeals data will be kept under review and, as required, Scottish Ministers will continue to report annually on whether the process for determining entitlement needs to be amended.