Draft regulations for social security appeals: consultation

Annex D: The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as to the composition of the Social Security Chamber of the First-tier Tribunal for Scotland when dealing with cases under specified provisions of the Social Security (Scotland) Act 2018. They also make provision as to the composition of the Upper Tribunal for Scotland when dealing with appeals from the Social Security Chamber.

The First-tier and Upper Tribunal for Scotland were established by the Tribunals (Scotland) Act 2014. The First-tier Tribunal is divided into chambers according to the subject matter of the case. The Social Security Chamber, as established by the First-tier Tribunal for Scotland Social Security Chamber (Establishment and Functions) Regulations 2018, deals with appeals in relation to entitlement to assistance of the types described in Chapter 2 of Part 2 of the Social Security (Scotland) Act 2018. It will have responsibility, also, for dealing with any appeals in relation to claims for top up assistance by individuals entitled to receive reserved benefits, should regulations be made to provide for such assistance, and carrying a right of appeal. Members of the First-tier and Upper Tier Tribunals can be ordinary members, legal members or judicial members according to criteria set out in the Tribunals (Scotland) Act 2014 and regulations made under that Act. These Regulations set out which member or members may deal with social security cases before the two Tribunals.