Resource Hub

Challenge a Social Security Scotland benefit decision

Note:

Most benefits administered by the DWP require  the claimant to ask the department to look at the decision again, this is called a mandatory reconsideration, for Scottish related benefits this is called a re-determination.

There may be different rules for decisions made by HMRC and  for decisions relating to Housing Benefit.

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Social Security Chamber – First-tier Tribunal for Scotland (scotcourts.gov.uk)

The Social Security Chamber of the First-tier Tribunal for Scotland was set up on 22 November 2018 as set out in the Social Security (Scotland) Act 2018.  The Chamber deals  with appeals arising from a decision by the Social Security Scotland Agency acting on behalf of Scottish Ministers. 

Benefits you can appeal

At present the only Social Security Scotland benefits that have a right of appeal to the Chamber are:

These benefits are awarded by Social Security Scotland. In time more benefits will be devolved to Scotland and all appeals will be heard by this Chamber.

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Time Limits

Request a redetermination within 42 days

You should request a redetermination within 42 days of the date of being notified of the determination. A late request, up to one year from the date you are notified, can be accepted if Social Security Scotland decides there is a good reason for it being late. If Social Security Scotland refuses to accept the late request, you can appeal to the First-tier Tribunal for Scotland.

Social Security Scotland has a duty to make a redetermination within 56 days

Social Security Scotland also has a duty to make a redetermination within 56 days of receiving a valid redetermination request. If they cannot meet this time limit they must inform you of that, and that you have an immediate right of appeal to the First-tier Tribunal against the determination. You must appeal within 31 days of receiving notice that they have not met the time limit.

You must appeal within 31 days

You must appeal within 31 days of being notified of the redetermination. You should send the appeal form to Social Security Scotland who will then forward this to the first-tier tribunal within seven days. If you miss the time limit for appealing, you can still appeal within a maximum time limit of one year if you have good reasons for the late appeal. If your appeal is late you must explain why so that the First-tier Tribunal can decide if you have good reasons for a late appeal.

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ADP and CDP re-determinations

If you disagree with a decision about an Adult or Child Disability Payment application, you can ask Social Security Scotland to look at the decision again. This is called a re-determination. It’s where a new team at Social Security Scotland who weren’t involved in making the original decision takes a fresh look at your application, along with any new information you want to give.

Re-determination Form

  • Ask us to look at our decision again paper form – Use this form if you want to request a re-determination for:
    • Best Start Grant,
    • Funeral Support Payment,
    • Scottish Child Payment,
    • Young Carer Grant,
    • Child Winter Heating Assistance or
    • Winter Heating Payment
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ADP and CDP Appeal Forms

You can use these forms to appeal when either:

  1. you disagree with a re-determination decision about your Adult or Child Disability Payment.
  2. Social Security Scotland ran out of time to make a re-determination decision about your Adult or Child Disability Payment.

Appeal forms

  • Appealing a decision form – Use this form if you want to request an appeal for:
    • Best Start Grant,
    • Funeral Support Payment,
    • Scottish Child Payment,
    • Young Carer Grant,
    • Child Winter Heating Assistance or
    • Winter Heating Payment.
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Decision Making Guides

Adult Disability Payment

The Decision Making Guide is for case managers in Social Security Scotland. They use this guide to make decisions on new and existing Child Disability Payment (CDP) and Adult Disability Payment (ADP) cases.

Please note that the decision making guidance is continually improved and updated. The documents on this webpage are therefore subject to change.

Third party authorisation form 

  • Third party authorisation form. Use this form to authorise someone to speak to Social Security Scotland on your behalf. Send the completed form to:
  • Social Security Scotland, General Enquiries, PO Box 10301, Dundee DD1 9FY

Appealing against the process

What happens if you disagree with a process decision by Social Security Scotland?

If you feel a process decision by Social Security Scotland is not correct, you can make an appeal. This is called a process appeal. The reasons to make a process appeal are that:

  • Social Security Scotland informed you that your application for benefits has not been accepted.
  • Social Security Scotland informed you that your re-determination request did not contain the correct information.
  • Social Security Scotland informed you that your re-determination request was late and that you had no good reason for not requesting this sooner.

If you feel a process decision by Social Security Scotland is not correct you can appeal, using the process decision appeal form, directly to the Chamber. You should send the form by email or post to the Chamber.

Email: sscadmin@scotcourtstribunals.gov.uk

What happens next?

We will acknowledge your appeal and will contact Social Security Scotland for information about their reasons for refusing your application for benefit. We will then contact you.

Related Information

Time limit

You must send us your appeal form within 31 days from the date on the decision letter from Social Security Scotland. If you miss this date you can apply for permission to appeal but that application must be received by us, at the latest within 1 year from the date of the decision. In your application you will have to explain why you were unable to meet the deadline.

Appeal about the process (socialsecuritychamber.scot)

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Client Representative guidelines

Purpose of the Client representative guidelines

The guidelines have been prepared by the Scottish Government for Social Security Scotland staff. They promote consistency of approach across the devolved social security system and signpost to other internal guidance that may be linked.

They describe:

  • the main actors within the social security system that provide support to clients of Social Security Scotland; and
  • their roles, responsibilities
  • the processes that need to be followed to enable them to deal with Social Security Scotland
  • how Social Security Scotland should respond where clients appear to be at risk

Part 5 of the guidelines sets out the different situations where Social Security Scotland itself may appoint another person or organisation to act for a client, and the policies and processes it will follow.

You can read the guidance in the links below.

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Claiming expenses

You may be able to claim for reasonable expenses for going to the tribunal hearing, for example:

  • travel expenses to cover your fare if you use public transport
  • travel expenses of 25p per mile for taking a car or motorbike, 27p per mile if you’re travelling with a supporter on a car or motorbike (If you’re travelling together with a supporter, only one of you can claim for travel expenses)
  • if you are away from home for less than 10 hours, you can claim up to a maximum of £4.25 or more than 10 hours, you can claim up to a maximum of £11.40
  • you may also be able to claim for loss of earnings
Related Information

Challenge a DWP benefit decision (DLA, PIP, AA etc)

Most benefits administered by the DWP require  the claimant to ask the department to look at the decision again, this is called a mandatory reconsideration, for Scottish related benefits this is called a re-determination. There may be different rules for decisions made by HMRC and  for decisions relating to Housing Benefit.
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Challenge a benefit decision (mandatory reconsideration)

If you disagree with a decision about benefits, tax credits or child maintenance you can ask for the decision to be looked at again – this is called ‘mandatory reconsideration’. It’s free to ask for mandatory reconsideration.

Eligibility

Form CRMR1 – Mandatory reconsideration request form you download, fill in on screen, save – and then print.

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Appealing to HM Courts and Tribunals Service

You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Attendance Allowance (AA), Employment and Support Allowance (ESA) and Universal Credit.

There is  a different process if you live want to appeal a decision made by Social Security Scotland.

Appeals are decided by the Social Security and Child Support Tribunal who are supported by HM Courts and Tribunals Service (HMCTS). The tribunal is impartial and independent of government.

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Useful information at:

pipinfo

An adviser guide to personal independence payment regulations & case law – pipinfo

wcainfo

An adviser guide to work capability assessment regulations & case law – wcainfo
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Rules and regs

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Consolidated version- as subsequently amended up to 1 November 2022

The Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules 2008 (publishing.service.gov.uk)

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Booking a venue

ACVO Opportunities

Hire a community space from a third sector organisation in Aberdeen at competitive rates for your meeting, event or presentation!

The money you spend on hire goes directly to help support the vital work of host organisations in Aberdeen –  make a real difference while taking the chance to work in the heart of the community.

Community Spaces – ACVO TSI

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Capability for work forms (ESA & UC)

Capability for work questionnaire

Only fill in this capability for work questionnaire (ESA50) if you’re asked to do so – this is not a claim form.

Capability for work questionnaire – GOV.UK (www.gov.uk)

 

UC50 form: Universal Credit capability for work questionnaire

Only fill in this capability for work questionnaire (UC50) if you’re asked to do so, this is not a claim form.

UC50 form: Universal Credit capability for work questionnaire – GOV.UK (www.gov.uk)

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Claim forms

Employment and Support Allowance

Permitted Work
  • If you’re claiming ESA, fill in the permitted work form before you start any paid or unpaid work. Post it to the address at the top of any ESA letters we have sent you. Please do not take this form into your Jobcentre Plus office.

ESA3
  • ESA 3 – Employment and Support Allowance Application for re-assessment
 ‘new style’ ESA
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Industrial Injuries Disablement Benefit

Industrial Injuries Disablement Benefit claim forms to print and fill in with a pen.

Industrial Injuries Disablement Benefit claim forms – GOV.UK (www.gov.uk)

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Council Tax Bands & Local Housing Allowance rates

Aberdeen City Council Tax and Scottish Water charges 2023-24

Council Tax band Council Tax charge Water supply Waste water collection Total charges to be paid
Band A £993.03 £154.98 £179.88 £1,327.89
Band B £1,158.54 £180.81 £209.86 £1,549.21
Band C £1,324.04 £206.64 £239.84 £1,770.52
Band D £1,489.55 £232.47 £269.82 £1,991.84
Band E £1,957.10 £284.13 £329.78 £2,571.01
Band F £2,420.52 £335.79 £389.74 £3,146.05
Band G £2,917.04 £387.45 £449.70 £3,754.19
Band H £3,649.40 £464.94 £539.64 £4,653.98
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Aberdeenshire Council Tax and Scottish Water charges 2023-24

Property Valuation Band Council Tax Water Sewerage Total
up to £27,000 A £928.95 £154.98 £179.88 £1,263.81
£27,001 – £35,000 B £1,083.77 £180.81 £209.86 £1,474.44
£35,001 – £45,000 C £1,238.60 £206.64 £239.84 £1,685.08
£45,001 – £58,000 D £1,393.42 £232.47 £269.82 £1,895.71
£58,001 – £80,000 E £1,830.80 £284.13 £329.78 £2,444.71
£80,001 – £106,000 F £2,264.31 £335.79 £389.74 £2,989.84
£106,001 – £212,000 G £2,728.78 £387.45 £449.70 £3,565.93
£212,001 and over H £3,413.88 £464.94 £539.64 £4,418.46
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  • Local Housing Allowance (LHA) rates are used to calculate Housing Benefit or Universal Credit Housing Costs for tenants renting from private landlords. These rates are based on private market rents, and are limited by legislation.
  • The table below shows the LHA rates valid from 1 April 2020 until 31 March 2024.
Number of bedrooms Weekly rate Calendar monthly equivalent*
Shared room rate £74.79 £324.09
1 bedroom £97.81 £423.84
2 bedrooms £136.93 £593.35
3 bedrooms £172.60 £747.93
4 bedrooms  £230.14

£997.27

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DWP Guidance & Advice

Advice for decision making: staff guide

This advice for DWP decision makers covers:

  • Universal Credit (UC)
  • Personal Independence Payment (PIP)
  • contribution-based Jobseeker’s Allowance (JSA) and contribution-based Employment and Support Allowance (ESA) for people who are eligible for Universal Credit

The advice in the Decision makers’ guide applies in all other cases.

Join the DWP mailing list to find out when they update this publication by emailing dma.leedsmailinglist@dwp.gov.uk

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Benefit overpayment recovery guide

  • This guide has been produced by the Department for Work and Pensions (DWP) to provide an overview to staff regarding overpayment policy.
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Work Capability Assessment (WCA) handbook

  • This guidance is for healthcare professionals who undertake Work Capability Assessments on behalf of the Department for Work and Pensions.
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Non UK nationals and NRPF & legal services

EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members

  • Version 19.0. Published for Home Office staff on 12 April 2023
  • This guidance tells you how, from 12 April 2023, to consider applications made under the EU Settlement Scheme (EUSS), contained in Appendix EU to the Immigration Rules.
  • You must consider applications in line with the Immigration Rules and guidance in force at the date of decision on the application, subject to any transitional provisions made in respect of the rules and referred to in the guidance.
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EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)

  • This guidance tells you how, from 12 April 2023, to consider whether an applicant to the EU Settlement Scheme is a ‘person with a derivative right to reside’ as defined in the Immigration Rules for the scheme contained in Appendix EU to the Immigration
    Rules
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EU Settlement Scheme: family member of a qualifying British citizen

  • This guidance tells you how, from 12 April 2023, to consider an application under the EU Settlement Scheme, contained in Appendix EU to the Immigration Rules, from a ‘family member of a qualifying British citizen’.
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EU Settlement Scheme: person with a Zambrano right to reside

  • This guidance tells you how, from 12 April 2023, to consider whether an applicant to the EU Settlement Scheme is a ‘person with a Zambrano right to reside’ as defined in the Immigration Rules for the scheme contained in Appendix EU to the
    Immigration Rules.
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The3Million

Our work ranges from organising and mobilising EU citizens’ communities, informing people of their rights, holding the Government to account on the implementation of the Withdrawal Agreement, promoting access to justice, advocating for an easier pathway to citizenship and residence-based voting rights at local elections, giving EU citizens in the UK to change the narrative on migration, and advocating for social justice. 

the3million

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No Recourse North East Partnership

Welcome to our partnership website for the sharing of experience and knowledge of supporting people with No Recourse to Public Funds (NRPF)

Going in to Hospital

Going into hospital if you get benefits

You must tell the office that pays your benefit as soon as possible if you:

  • go into hospital for one night or longer
  • go into a rehabilitation centre for one night or longer
  • will miss a Jobcentre Plus appointment because you’re in hospital or have a medical appointment

You must also tell them if you go into a care home and get benefits.

A friend or relative can call for you.

Your claim might be stopped or reduced if you do not report a hospital stay.

What you need to tell DWP

You need to give your:

  • full name
  • date of birth
  • National Insurance number
  • partner’s details (if they’re on your claim)

If you’re calling about a friend or relative, you need to give your name and contact details too.

You need to give details about your stay in hospital, including:

  • the exact date you went into hospital
  • the exact date you left hospital (if you’ve left hospital)
  • the name of the hospital you were in
  • the name of the ward you were on (if you know it)
  • if you moved between hospitals
  • any other hospital stays in the last 28 days
  • where you were discharged to, for example your home or a care home

How to report

Who you tell depends on which benefits you get. You might need to report your change to more than one organisation if you get more than one benefit.

Universal Credit

Report a hospital stay of 24 hours or longer using your Universal Credit online account.

Pension-age benefits

Call the Pension Service helpline if you get one or more of:

  • State Pension
  • Pension Credit
  • Attendance Allowance

Call the Attendance Allowance helpline if you only get Attendance Allowance.

Disability benefits

Call the Disability Service Centre if you get:

  • Disability Living Allowance (DLA)
  • Personal Independence Payment (PIP)

Low or no income benefits

Call Jobcentre Plus if you get:

  • Income Support
  • Jobseeker’s Allowance (JSA)
  • Employment and Support Allowance (ESA)

Housing Benefit

Tell your local council about a hospital stay if you get Housing Benefit.

Child Benefit

Tell the Child Benefit Office if your child goes into hospital or ‘residential care’ for more than 12 weeks.

Other benefits

Call the helpline for each benefit to report a hospital stay if you get:

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Social Security Scotland benefits

What you’ll need

When telling Social Security Scotland about a change, it will be quicker if you have the following information to hand:

  • your National Insurance number (if you do not have this, it could take longer to process your changes)
  • the bank account details where your benefits are paid into
  • details of the change you are telling Social Security Scotland about
  • the date the change happened, or will happen

You can find your National Insurance number on your:

  • National Insurance card
  • benefit letter
  • payslip
  • P60

Call Social Security Scotland free on 0800 182 2222 if you cannot find your National Insurance number. 

How to tell Social Security Scotland

Online

You can use the online form to report the changes. This currently includes changes to:

  • your personal details, like your name or address
  • your personal details
  • your care needs, conditions or mobility needs
  • how you’d like Social Security Scotland to contact you

Start now

Call

Call Social Security Scotland free on 0800 182 2222 to tell them about any change over the phone, if you have any questions or need help. 

Complete a downloadable or paper form

You can download and complete a form to tell us about any changes to your:

  • health
  • care needs
  • disability
  • conditions
  • mobility needs

Call Social Security Scotland free on 0800 182 2222 if:

  • you’d like a paper version of the form to be sent by post
  • you have any questions
  • you need help to complete the form
  • you need help to get information about your health change or send this to them
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Guides

If you are on a low income and have children at school, you may be entitled to financial support.

Support for Families 2023
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Mind and CPAG Mental Health and Benefits Handbook

  • This new handbook includes an overview of various mental health symptoms, gives guidance about when and how to ask about them and provides the tools you need to give accurate advice in a supportive manner. It focuses on advice and guidance for different stages of benefit claims and problems you might encounter during the process. It also addresses key topics including assessments, safeguarding, complex needs, supporting evidence and challenging decisions.

    The book is available to read for free online
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Independent Age

  • Call our free Helpline on 0800 319 6789. By calling our free and impartial Helpline, you can get information and advice from one of our friendly advisers, or order our free guides.
  • About 2.5 million older people are entitled to Pension Credit to top up their retirement income. Yet around two in five of those who qualify aren’t claiming it.
  • If you think you might be missing out, this
    factsheet explains how Pension Credit is worked
    out and how to make a claim.
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HB & CTR DWP Guidance

Info on Disability Benefits (AA, DLA, PIP,)

Legislation.gov.uk

Stay up to date with newly enacted legislation for the UK, Scotland, Wales and Northern Ireland as it is published to this site using our free subscription feeds, or by browsing new legislation by publication date.

All Bills currently before the UK Parliament are listed on the UK Parliament website in the Parliamentary Business, Bills & Legislation section. They are published on this site once they receive Royal Assent.

Tracking UK Legislation
  • All Bills currently before the UK Parliament are listed on the UK Parliament website in the Parliamentary Business, Bills & Legislation section which also shows what stage a Bill has reached on its passage through Parliament.
  • The history of the parliamentary debates relating to Bills in the UK Parliament can be found in Hansard the edited verbatim report of proceedings of both the House of Commons and the House of Lords.
  • All Bills currently before the Scottish ParliamentNorthern Ireland Assembly and the Welsh Parliament can be found on the individual national Parliamentary and Assembly websites.
  • Bills only become Acts once they have passed all stages of their applicable Parliamentary procedure and receive Royal Assent. Once an Act has received Royal Assent, it is published under the authority of the King’s Printer to this website.
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Setting up a basic Bank Account

You need a bank account to receive benefits. If you don’t already have a bank account, or you don’t qualify for a standard current account, you can set up a fee-free basic bank account with a bank.

This could be because you haven’t been able to build up a credit history. Or maybe you have a poor credit history because of money problems and want to use a fee-free basic bank account until you qualify for a standard current account again.

Visit Money Helper for information about how to choose and apply for a basic bank account.

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Stats

Social Security Scotland

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Stat-Xplore

The number of Universal Credit claimants includes those who have started Universal Credit (completed the Universal Credit claim process and accepted their Claimant Commitment) and have not had a closure of their claim recorded for this spell, up to the ‘count date’ (second Thursday in each month). A closure of their claim would be recorded either at the request of the individual or if their entitlement to Universal Credit ends, for example, if they no longer satisfy the financial conditions to receive Universal Credit as they have capital over £16,000.
People on Universal Credit
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Universal Credit Research and statistics

www.gov.uk/welfare/universal-credit#research_and_statistics

 

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Universal Credit Policy papers and consultations

www.gov.uk/welfare/universal-credit#policy_and_engagement

 

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Students

Budget and funding calculator

The budget calculator gives you a breakdown of how much you’ll roughly need to live on while at university or college. The calculator also includes a funding checker, which can tell you what funding you could potentially receive while studying at university or college.
 

Budget and funding calculator – Student Information Scotland

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Disability Rights UK – Student FAQs

These are some of the common queries we receive concerning disabled students. If you cannot find the answer to your question among these FAQs then why not call our Disabled Students Helpline.

Student FAQs | Disability Rights UK

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Financial support for students

Find out about financial help available for learning and training, organisations that give information and advice, and guidance about loans and grants for students in higher education.

Financial support for students – Citizens Advice Scotland

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Student Finance in Scotland 2023

Trying to wrap your head around Scottish Student Finance? We’ve done the hard work for you and put together everything you need to know – minus the jargon.

Student Finance in Scotland 2023 – Save the Student

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Universal Credit and students

Guidance on claiming Universal Credit if you’re a student.

Universal Credit and students – GOV.UK

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Boost for Scottish students as they’re to get extra living costs support

Support for Scottish students towards living costs for the 2024/25 academic year

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