Tribunals (Scotland) Act 2014 - draft regulations making provision for social security appeals: consultation analysis

Appendix A Summary of Responses

Q1. Do you have any comments on the description of functions exercisable by the Social Security chamber in considering entitlement to assistance under the Scottish social security system?

	Number	Percentage
Yes	13	52%
No comments	3	12%
No response	9	36%
Total	25	100%

Q2. Do you have any comments on the power of the Social Security chamber to consider all aspects of a determination which it is called upon to review?

	Number	Percentage
Yes	12	48%
No comments	3	12%
No response	10	40%
Total	25	100%

Q3. Do you have any other comments you wish to make on the draft Regulations?

	Number	Percentage
Yes	12	48%
No comments	6	24%
No response	7	28%
Total	25	100%

Q4. Do you have any comments you wish to make on the draft First-tier Tribunal for Scotland (chambers) Amendment Regulations?

	Number	Percentage
Yes	6	24%
No comments	10	40%
No response	9	36%
Total	25	100%

Q5. Do you have any comments on any of the elements of the draft Rules of procedure described at paragraphs 27 - 38 in Part 4?

	Number	Percentage
Yes	24	96%
No comments	0	0%
No response	1	4%
Total	25	100%

Q6. Do you have any comments on any other aspect of the draft Rules of procedure?

	Number	Percentage
Yes	10	40%
No comments	6	24%
No response	9	36%
Total	25	100%

Q7. Would you welcome provision for supporters in cases before the Social Security chamber to have the opportunity, with appropriate permission, to make representations during proceedings?

	Number	Percentage
Yes	18	72%
No comments	1	4%
No response	6	24%
Total	25	100%

Q8. Are there any other respects in which you would consider that the approach of the 2008 Rules should be departed from?

	Number	Percentage
Yes	2	8%
No comments	14	56%
No response	9	36%
Total	25	100%

Q9. Do you have any other comments you wish to make on the draft procedure Regulations?

	Number	Percentage
Yes	6	24%
No comments	8	32%
No response	11	44%
Total	25	100%

Q10. Do you have any comments on the proposed composition of the Social Security chamber when dealing with an appeal against a determination of entitlement as described in the Social Security (Scotland) Bill?

	Number	Percentage
Yes	5	20%
No comments	10	40%
No response	10	40%
Total	25	100%

Q11. In particular, are you content with the default position that cases should be decided by only one member, namely the legal member, unless certain forms of assistance are under consideration?

	Number	Percentage
Yes	11	44%
No	5	20%
No response	9	36%
Total	25	100%

Q12. Do you have any comments on the proposed composition of the Upper Tribunal for Scotland when deciding appeals from the Social Security chamber to the Upper Tribunal?

	Number	Percentage
Yes	5	20%
No comments	10	40%
No response	10	40%
Total	25	100%

Q13. Do you have any other comments you wish to make on the draft composition Regulations?

	Number	Percentage
Yes	3	12%
No comments	10	40%
No response	12	48%
Total	25	100%

Q14. Do you have any comments on the proposals regarding eligibility criteria for appointment of ordinary members of the First-tier Tribunal with medical and disability experience?

	Number	Percentage
Yes	14	56%
No comments	4	16%
No response	7	28%
Total	25	100%

Q15. Can you envisage a situation in which a person may have gained experience of the needs of people with disabilities, but which may not be covered by the criteria set out in the draft Regulations?

	Number	Percentage
Yes	8	32%
No comments	8	32%
No response	9	36%
Total	25	100%

Q16. Do you have any concerns about our proposed approach to identifying when a person will be considered to have a disability?

	Number	Percentage
Yes	4	16%
No	9	36%
No response	12	48%
Total	25	100%

Q17. Do you have any other comments you wish to make on the draft eligibility for appointment Regulations?

	Number	Percentage
Yes	5	20%
No	9	36%
No response	11	44%
Total	25	100%

Q18. Do you have any comments on any of the elements of the draft Rules of procedure described at paragraphs 54 - 61 in Part 7?

	Number	Percentage
Yes	12	48%
No	6	24%
No response	7	28%
Total	25	100%

Q19. Do you have any comments on any other aspect of the draft Rules of procedure?

	Number	Percentage
Yes	2	8%
No	11	44%
No response	12	48%
Total	25	100%

Q20. Are there any other elements of the Rules applicable to social security proceedings in the Upper Tribunal which you think should be replicated in the draft Rules for the Upper Tribunal for Scotland, and have not been?

	Number	Percentage
Yes	0	0%
No	10	40%
No response	15	60%
Total	25	100%

Q21. Conversely, are there any elements of the Rules applicable to social security proceedings in the Upper Tribunal which have been replicated in the draft Rules for the Upper Tribunal for Scotland, and which you do not think should be so replicated?

	Number	Percentage
Yes	0	0%
No	10	40%
No response	15	60%
Total	25	100%

Q22. Do you have any other comments you wish to make on the draft procedure Regulations for the Upper Tribunal?

	Number	Percentage
Yes	3	12%
No	10	40%
No response	12	48%
Total	25	100%