Social Security (Scotland) Act 2018: progress report 2025 to 2026
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 2018 Act 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 by Social Security Scotland.
In total, 39,920 re-determination requests were received between 1 April 2025 and 31 March 2026 across all benefits. The table below shows the number of re-determination requests received in this time period.
| Benefit | Re-determinations 2025-26* |
|---|---|
| Adult Disability Payment | 29,570 |
| Best Start Grant | 545 |
| Carer Support Payment | 890 |
| Child Disability Payment | 4,600 |
| Child Winter Heating Payment | 0 |
| Funeral Support Payment | 260 |
| Pension Age Disability Payment | 1,635 |
| Pension Age Winter Heating Payment | 115 |
| Scottish Adult Disability Living Allowance | 120 |
| Scottish Child Payment | 1,920 |
| Winter Heating Payment | 40 |
| Young Carer Grant | 225 |
| Total | 39,920 |
*All figures in the table are rounded to the nearest five and may not sum to total.
In total, 8,025 appeals were received between 1 April 2025 and 31 March 2026 across all benefits. The below table shows the number of appeals received in this time period.
| Benefit | Appeals 2025-26* |
|---|---|
| Adult Disability Payment | 6,900 |
| Best Start Grant | 25 |
| Carer Support Payment | 55 |
| Child Disability Payment | 800 |
| Child Winter Heating Payment | 0 |
| Funeral Support Payment | 25 |
| Pension Age Disability Payment | 95 |
| Pension Age Winter Heating Payment | 5 |
| Scottish Adult Disability Living Allowance | 15 |
| Scottish Child Payment | 100 |
| Winter Heating Payment | 5 |
| Young Carer Grant | 5 |
| Total | 8,025 |
*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.