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Scotland statutory deadlines

When must I request Adult Disability Payment redetermination?

Regulation 54(1) allows 42 days beginning with the day the individual is informed under section 40 of the right to request ADP redetermination. The request must use the required form. This period is specific to Adult Disability Payment.

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Period
42 calendar days beginning with actual notification of the right
Trigger
actual section 40 notification of the right to request ADP redetermination
Rule
Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41
Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

Current official statutory text and chamber guidance reviewed,2026. The ordinary current regime must apply. The supported event and result window is 2024 through 2028.

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When must I request Adult Disability Payment redetermination?

Regulation 54(1) allows 42 days beginning with the day the individual is informed under section 40 of the right to request ADP redetermination. The request must use the required form. This period is specific to Adult Disability Payment.

Responsible actor. Individual informed of an ADP determination.

Identify actual section 40 notification of the right to request ADP redetermination.

Establish an ADP determination and actual section 40 notification. The request must satisfy the form requirement under section 41. Do not substitute another assistance scheme or infer late acceptance.

Confirm the actual source event, exact branch, current regime and completion route. Only the established ordinary period is calculated.

Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

How does this provision count time?

  1. Count the notification day as day one. The ordinary endpoint is 41 calendar days later.
  2. Confirm the actual statutory or tribunal completion route and its cutoff.

Count the notification day as day one. The ordinary endpoint is 41 calendar days later.

Count calendar days. No automatic weekend, holiday or discretionary extension is inferred. Check the actual completion route and cutoff; earlier action may be necessary.

Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

What do independently checked examples show?

Fictitious example

Fictional facts. actual section 40 notification of the right to request ADP redetermination is established as Tuesday, October 13, 2026. Selected branch. The individual was informed of the right to request ADP redetermination branch applies. All ordinary source conditions and the actual completion route are established.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional facts. actual section 40 notification of the right to request ADP redetermination is established as Tuesday, October 13, 2026. Selected branch. The individual was informed of the right to request ADP redetermination branch applies. All ordinary source conditions and the actual completion route are established. Count the event day as day one. Count 42 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Monday, November 23, 2026.Monday, November 23, 2026
Example 2. Closed-day boundaryFictional facts. actual section 40 notification of the right to request ADP redetermination is established as Sunday, October 4, 2026. Selected branch. The individual was informed of the right to request ADP redetermination branch applies. All ordinary source conditions and the actual completion route are established. Count the event day as day one. Count 42 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Saturday, November 14, 2026.Saturday, November 14, 2026
Example 3. Material procedural branchFictional facts. actual section 40 notification of the right to request ADP redetermination is established as Tuesday, December 15, 2026. Selected branch. The individual was informed of the right to request ADP redetermination branch applies. All ordinary source conditions and the actual completion route are established. Count the event day as day one. Count 42 calendar days. No automatic weekend or holiday extension applies. The ordinary endpoint is Monday, January 25, 2027.Monday, January 25, 2027
Example resultMonday, November 23, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Source condition 1
This determination and request concern Adult Disability Payment under the 2022 Regulations. This period is not used for every form of Scottish assistance.
Source condition 2
I established when the individual was actually informed under section 40 of the determination and right to request redetermination.
Source condition 3
The request uses the form Scottish Ministers require under section 41. Actual compliance with that requirement remains necessary.
Source condition 4
The ordinary current period applies. No different statutory period, direction, extension, suspension or late permission changes this calculation.
Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41
  • Confirm the actual source event, exact branch, current regime and completion route. Only the established ordinary period is calculated.
  • Related procedures have different actors, events and periods. This result does not replace a different appeal, review, notice-form or application requirement.

What must the responsible actor complete?

Questions about this procedure

When must I request Adult Disability Payment redetermination?

Does this period apply to every benefit?

No. Regulation 54 sets this period for Adult Disability Payment. Other assistance types can have different regulations.

Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

Does the notice printing date prove notification?

Use the actual section 40 notification event. A printing or letter date alone does not establish when the individual was informed.

Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

What if I miss these 42 days?

Section 41 provides separate good-reason late-request provisions. The one-year and coronavirus qualifications also need their actual statutory facts. No late acceptance is inferred.

Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Disability Assistance for Working Age People (Scotland) Regulations 2022 reg 54(1); 2018 Act s 41Check the identified procedure, event, counting rule or qualification
Social Security (Scotland) Act 2018, required form, notification, redetermination, appeal and late exceptionsCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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