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

Footnotes

1. Consultation document available at: https://www.gov.scot/Resource/0053/00530358.pdf

2. The Tribunals (Scotland) Act 2014 created two new tribunals, the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland, known collectively as the Scottish Tribunals.

3. One organisation submitted a response by both email and via Citizen Space but contained the same information and so was counted only once.

4. Some of the open questions had two parts and contained an accompanying closed response option on the same topic.

5. Top-up is essentially a mechanism by which the Scottish Ministers will be able to provide assistance to a person who is receiving, or is entitled to receive, a reserved benefit. This will be paid where it is concluded that the person is in need of assistance, over and above any reserved benefit paid, but to fulfil the same purpose as the reserved benefit. Depending on the terms of regulations made, if assistance by way of top-up is to be introduced, it may carry a right of appeal.

6. One other respondent appeared to misunderstand the draft regulations and perceived that they would allow for cases to be dismissed unfairly.

7. Again, one respondent appeared to misunderstand the draft regulations and, although they offered opposition, it was not clear that this related to the proposal as stated.