The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018
| Year | 2018 |
2018 No. 351
Tribunals And Inquiries
The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018
Made 14th November 2018
Coming into force 22th November 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10(2) and (3), 38(1) and 40(1) of the Tribunals (Scotland) Act 20141and all other powers enabling them to do so.
In accordance with section 11(2) of that Act, they have consulted the President of the Scottish Tribunals.
In accordance with section 79(2)(c) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 and come into force on 22 November 2018.
(2) In these Regulations—
“the 2018 Act” means the Social Security (Scotland) Act 20182;
“the 2015 Regulations” means the Scottish Tribunals (Eligibility for Appointment) Regulations 20153;
“the Chamber President” means the Chamber President of the First-tier Tribunal;
“the First-tier Tribunal” means the First-tier Tribunal for Scotland Social Security Chamber4;
“ordinary member with disability experience” means a member of the First-tier Tribunal for Scotland who is eligible for appointment under regulation 3D of the 2015 Regulations5;
“ordinary member with medical experience” means a member of the First-tier Tribunal for Scotland who is eligible for appointment under regulation 3C of the 2015 Regulations6;
“process decision” means a decision made under section 38, 41(3) or 42 of the 2018 Act;
“reserved benefit” means a benefit which is to any extent a reserved matter within the meaning of schedule 5 of the Scotland Act 19987; and
“the Upper Tribunal” means the Upper Tribunal for Scotland.
Composition of the First-tier Tribunal when deciding an appeal against a determination of entitlement to assistance of a type provided for in Part 2 of the 2018 Act
2.—(1) The First-tier Tribunal, when convened to decide an appeal under section 46 of the 2018 Act against a determination by the Scottish Ministers of entitlement to social security assistance of a type described in Chapter 2 of Part 2 of the 2018 Act, must consist only of a legal member, except in the cases described in paragraphs (2) and (3).
(2) In cases involving consideration of the impact of physical condition or mental health in connection with entitlement to disability assistance, the First-tier Tribunal must consist of one legal member, one ordinary member with medical experience and one ordinary member with disability experience.
(3) In cases involving consideration of physical condition in connection with entitlement to employment–injury assistance, the First-tier Tribunal must consist of one legal member, and one ordinary member with medical experience.
Composition of the First-tier Tribunal when deciding an appeal against a process decision
3. The First-tier Tribunal, when convened to decide an appeal under section 61 of the 2018 Act against a process decision, must consist only of a legal member.
Composition of the First-tier Tribunal when deciding an appeal against a determination of entitlement to assistance provided for by regulations made under section 79 of the 2018 Act
4.—(1) If regulations made under section 79 of the 2018 Act provide for an appeal against a determination of entitlement to assistance by way of a top up of a reserved...
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