Scottish Child Payment

Working with client who applied for Scottish Child Payment and was refused as a qualifying benefit was not in place.
UC had been claimed but was refused based on earnings.
A CDP claim was going on in the background and was awarded with backdating making the client retrospectively entitled to UC and this was paid without much issue.
Scottish Child Payment could then be retrospectively awarded (Schedule Para 8 SCP Regs) which states SSS should “make a determination without application”.
Scottish Child Payment were notified of the circumstances in writing and copies of the CDP award and UC awards covering from the start of the SCP claim were provided.
After a long delay Scottish Child Payment advised the info provided would have been disregarded as its not in the correct format and a Re-determination request is needed.
So firstly its not okay to disregard this as its not in the correct format but more importantly is a re-determination request needed, why would the regs state “determination without application” if a re-determination request was needed?
I know “determination without application” means a new claim is not needed but would expect it to state if a re-determination was needed.
The request has been done but is now in another queue waiting to be actioned.
Does anyone have any experience/thoughts about this

Many Thanks

This is new to me but it seems like a failure of process so I would ask for a process appeal.

I agree this should be a process appeal.

I’ve just won an appeal in similar circumstances under the ‘normal’ appeal procedure - there was no defect in decision making, just the timing of the qualifying benefits was all off thanks to UC’s usual errors.

SSS conceded on all grounds in its response. So, I applied for an order under case management powers submitting that it complied with the overriding object to allow the appeal as a preliminary issue rather than trundle onto a full oral hearing. Mr Veitch (Chamber President) duly allowed the appeal a couple of weeks later before any hearing date got fixed.

Good to know that we can get lapsing decisions of sorts for appeals on unopposed points of law. But it appears we have to be more proactive than under HMCTS and apply for that judicial decision.