Ministers Appeal Response is Contradictory

Hi All,

I have now received the minsters appeal response which is contradictory throughout in terms of entitlement.

For purposes of clarity I am appealing that I should be awarded the enhanced rate for the daily living component.
I have not appealed against the decision for the mobility component and confirmed that I agreed with their assessment for this part when submitting my appeal.

In terms of their response:-

Section 3 confirms that the Redetermination confirmed I as was entitled to both the daily living and mobility component at the standard rate.

Section 4.1 states..."We invite the Tribunal to find that the appellant is entitled to Adult Disability Payment at the standard rate for the daily living component and is entitled to Adult Disability Payment at the standard rate for the mobility component."

Section 4.5 states..."Even though Ministers’ position is that the appellant is not entitled to Adult Disability Payment...."

Section 9 states..."For the reasons set out above, Social Security Scotland invite the Tribunal to uphold the redetermination decision and to find that the appellant is entitled to Adult Disability Payment at the standard rate for the daily living component and is not entitled to Adult Disability Payment at the standard rate for the mobility component"

The redetermination decision concluded I am entitled to both the daily living and mobility component as they have confirmed in both Section 3 and 4.1 however Section 4.5 says I'm not entitled to anything for both parts and section 9 states that I am entitled to the daily living component only.

I would be grateful if anyone could offer advice on how best to respond to this?

Furthermore, their response to my actual appeal associated with the daily living component doesn't offer any insight into their rationale in reaching a decision and only states...."The redetermination decision has been made in reference to the information
provided in the appellant's application form and the supporting information provided. Although the appellant has provided further information regarding their conditions, it is submitted that further evidence is required to change the descriptors chosen at redetermination."

Am I entitled ask what considerations they gave to my further supporting information and how this was used in reaching their decision? Also, can I ask what further evidence is required to change the descriptors? I am of the opinion that I have submitted sufficient evidence already.

Any help that can be offered would be greatly appreciated.

Thanks

Gordon

Hi Catherine,

Thank you very much for your swift response. As I understand it the response is from Social Security Scotland to First Tier Tribunal in reply to my appeal. The tribunal has asked for my response by next month prior to setting a date for the hearing. I am assuming the Scottish Ministers are also Social Security Scotland however this is not clear from the response provided.

I have extracted the relevant parts from their letter for all see removing any personal information. Hopefully this will give as better understanding of my initial questions.


SCOTTISH MINISTERS’ APPEAL RESPONSE
Section 1:
Appeal Tribunal Reference Number
The First-tier Tribunal for Scotland (Social Security Chamber) is referred to throughout this response as “the Tribunal”.
Social Security Scotland Reference
Appellant’s Full Name and address
Appellant’s Date of Birth
Appellant’s National Insurance Number
Benefit Type Adult Disability Payment
Name and address of Appointee (if applicable) N/A
Name and address of appellant’s representative (if applicable)N/A
Type of hearing required Paper hearing
Presenting Officer Details Presenting Officer will attend if a hearing is fixed


Section 2: Schedule of Evidence
Date of document Brief description of document
25-April-2024 Scottish Ministers’ Appeal Response

Section 3: The Redetermination decision under appeal
The appellant was awarded 8 points for daily living activities and 8 points for mobility activities in the redetermination decision. This meant that the appellant was entitled to Adult Disability Payment at the standard rate for the daily living component and was entitled to Adult Disability Payment at the standard rate for the mobility component.
Please refer to the document entitled “Redetermination Decision Notification Letter” contained within the core bundle documentation.

Section 4: Reasoning
Grounds for Appeal

1. The appellant’s grounds for appeal are that they believe the amount of Adult Disability Payment should be increased and that not all information has been considered.

2. The appellant disputes the points awarded for daily living activities 1 and 3 and gives reasons for this (see document ‘Appeal Request Form and supporting information’).

Summary of Social Security Scotland position in response to the appeal

3. We respectfully invite the Tribunal, in terms of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the Regulations”), and the Tribunal’s powers under section 49 of the Social Security (Scotland) Act 2018, to uphold the redetermination decision noted at Section 3 of this response. We invite the Tribunal to find that the appellant is entitled to Adult Disability Payment at the standard rate for the daily living component and is entitled to Adult Disability Payment at the standard rate for the mobility component.

4. When making a determination that an individual is entitled to an award of Adult Disability Payment on an ongoing basis, the award may be made for a specified period after which the appellant’s entitlement will be reviewed in accordance with regulation 47 of the Regulations.

5. Even though Ministers’ position is that the appellant is not entitled to Adult Disability Payment, if the Tribunal finds the appellant is entitled in the event the Tribunal make an award of Adult Disability Payment we would submit that the review period should take account of the appellant’s condition and the likelihood of it changing over time. We would submit that the review period that is fixed should be no greater than 24 months from the date of application.

Daily Living component

6. The redetermination decision concluded that the appellant scored 8 points for the daily living component. It is submitted that based on the available evidence within the hearings bundle, the points awarded and the rationale provided at redetermination for the daily living component are correct.

7. The redetermination decision has been made in reference to the information provided in the appellant's application form and the supporting information provided. Although the appellant has provided further information regarding their conditions, it is submitted that further evidence is required to change the descriptors chosen at redetermination.

Mobility component

8. The redetermination decision concluded that the appellant scored 8 points for the mobility component. It is submitted that based on the available evidence within the hearings bundle, the points awarded and the rationale provided at redetermination for the mobility component are correct.

Proposed disposal of appeal

9. For the reasons set out above, Social Security Scotland invite the Tribunal to uphold the redetermination decision and to find that the appellant is entitled to Adult Disability Payment at the standard rate for the daily living component and is not entitled to Adult Disability Payment at the standard rate for the mobility component. Ministers’ proposed duration of the award is outlined at the beginning of Section 4 above.

Law
To be entitled to Adult Disability Payment, an individual must meet the eligibility criteria set out in The Disability Assistance for Working Age People (Scotland) Regulations 2022.

Thanks

G

Hi Gordon,

The original decision was 10 points for the daily living component, which entitled me to the standard rate. I believed I was entitled to 12 points which would give me the enhanced rate, hence the M/R. The M/R decision was 8 points, a reduction in overall scoring however still enough to award the standard rates.

Thanks

G