Draft regulations for social security appeals: consultation

Annex A: The First-tier Tribunal for Scotland Social Security Chamber (Establishment and Functions) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

The Tribunals (Scotland) Act 2014 created a new structure for tribunals in Scotland dealing with devolved matters under the judicial leadership of the Lord President of the Court of Session as head of the Scottish Tribunals. It provided for a First-tier Tribunal and an Upper Tribunal for Scotland, with these being known, collectively, as the Scottish Tribunals. Generally, the First-tier Tribunal will deal with cases in the first instance to which a general right of appeal will lie to the Upper Tribunal. The 2014 Act provided for the First-tier Tribunal to be divided into chambers in order to deal with the various matters falling within the jurisdiction of the Scottish Tribunals.

These Regulations establish a new chamber of the First-tier Tribunal for Scotland, to be known as the First-tier Tribunal for Scotland Social Security Chamber. The new chamber will have responsibility for dealing with appeals against determinations made by the Scottish Ministers on entitlement to social security 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 make provision for such assistance, and carrying a right of appeal. The Social Security Chamber will have power to consider all aspects of a determination that is the subject of an appeal, and not only the particular aspects which are challenged.