The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 (Version in vigour from 2020-12-24 to )
| Currency | No known outstanding effects |
| Coming into Force | 24 December 2020 |
| commencementStatus | In Force |
Scottish Statutory Instruments
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
22nd 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 2014
M1
and 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.
Marginal Citations
M1
2014 asp 10.
(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 2018
M2
;
“
the 2015 Regulations
” means the Scottish Tribunals (Eligibility for Appointment) Regulations 2015
M3
;
F1
“the 2020 Regulations” means the Scottish Child Payment Regulations 2020;
F2
“the Carer’s Allowance Supplement Regulations” means the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020;
“
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 Chamber
M4
;
“
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 Regulations
M5
;
“
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 Regulations
M6
;
F3
“process decision” means—
(a)
in relation to an appeal under section 61 of the 2018 Act, a decision made under section 38, 41(3) or 42 of that Act;
(b)
in relation to an appeal under paragraph 23 of the schedule of the 2020 Regulations, a decision made under paragraph 1(4), 14(5) or 15(2)(b) of the schedule of those Regulations
;
(c)
F4
in relation to an appeal under paragraph 13 of schedule 2 of the Carer’s Allowance Supplement Regulations, a decision made under paragraph 1(5), 4(6) or 5(2)(b) of schedule 2 of those Regulations.
“
reserved benefit
” means a benefit which is to any extent a reserved matter within the meaning of schedule 5 of the Scotland Act 1998
M7
; and
“
the Upper Tribunal
” means the Upper Tribunal for Scotland.
Marginal Citations
M2
2018 asp 9.
M3
S.S.I. 2015/381, which was amended by S.S.I. 2017/274 and S.S.I. 2018/276.
M4
The First-tier Tribunal for Scotland Social Security Chamber is brought into being by S.S.I. 2018/349.
M5
Regulation 3D was inserted by S.S.I. 2018/276.
M6
Regulation 3C was inserted by S.S.I. 2018/276. This followed from the insertion into the 2015 Regulations of regulations 3A and 3B, by S.S.I. 2017/274.
M7
1998 c.46. The relevant section is F1 in Part 2 of schedule 5, which was amended by the Scotland Act 2016 (c.11), sections 22 to 28.
Amendments (Textual)
F1
Words in reg. 1(2) inserted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 2(2)(a)
F2
Words in reg. 1(2) inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(2)(a)
F3
Words in reg. 1(2) substituted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 2(2)(b)
F4
Words in reg. 1(2) inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(2)(b)
(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.
The First-tier Tribunal, when convened to decide an appeal under any of the following provisions against a process decision, must consist only of a legal member—
(a)
section 61 of the 2018 Act;
(b)
paragraph 23 of the schedule of the 2020 Regulations; or
(c)
paragraph 13 of schedule 2 of the Carer’s Allowance Supplement Regulations.
Amendments (Textual)
F5
Reg. 3 substituted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(3)
(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 benefit, the First-tier Tribunal, when convened to decide such an appeal, must consist of—
(a)
a legal member;
(b)
a legal member and one ordinary member; or
(c)
a legal member and two ordinary members.
(2)
In this regulation “
ordinary member
” means an ordinary member with disability experience or an ordinary member with medical experience.
(3)
Where two ordinary members are allocated to a case under this regulation, one member must have disability experience and the other member must have medical experience.
(4)
The authority to determine the composition of the First-tier Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of the Scottish Tribunals, who may sub-delegate the authority to the Chamber President.
The First-tier Tribunal, when convened to decide an appeal under paragraph 9 of schedule 2 of the Carer’s Allowance Supplement Regulations against a determination by the Scottish Ministers of entitlement to a carer’s allowance supplement, must consist only of a legal member.
Amendments (Textual)
F6
Reg. 4A inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(4)
(1)
The Upper Tribunal, when deciding a case appealed from the First-tier Tribunal to the Upper Tribunal, must consist of—
(a)
a member of the Upper Tribunal acting alone;
(b)
two or three members of the Upper Tribunal;
(c)
the Chamber President (except a temporary Chamber President), acting alone or with no more than two members of the Upper Tribunal;
(d)
the President of...
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