The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018

Response of the decision maker to a notice of appeal against a determination of entitlement

21.—(1) The First-tier Tribunal must notify each party in writing when a notice of appeal submitted under rule 20 (notice of appeal against a determination of entitlement) has been accepted as containing sufficient information to be valid.

(2) The decision maker must send or deliver to the First-tier Tribunal a response to any notice of appeal submitted under rule 20 (notice of appeal against a determination of entitlement) before the expiry of the period of 31 days beginning with the day on which the decision maker received notification from the First-tier Tribunal that the notice of appeal had been accepted as containing sufficient information to be valid.

(3) The response must include —

(a) the name and address of the decision maker;

(b) the name and address of the decision maker’s representative (if any);

(c) a postal or email address where documents for the decision maker may be sent or delivered;

(d) the position of the decision maker in relation to the appellant’s case; and

(e) any views of the decision maker as to whether the matter should be dealt with at a hearing or without a hearing.

(4) Unless a practice direction states otherwise, the decision maker must provide with the response copies of any documents relevant to the case which are in the decision-maker’s possession and which have not already been provided to the First-tier Tribunal.

(5) The decision maker must provide the appellant with a copy of the response and any accompanying documents not already supplied to the appellant at the same time as providing the response to the First-tier Tribunal.

(6) The appellant may make written comments to the First-tier Tribunal and supply further documents to it in reply to the decision maker’s response.

(7) Any comments or further documents referred to in paragraph (5) must be provided to the First-tier Tribunal within the period of 31 days beginning with the day on which the appellant is presumed to have received the response, as sent by the decision maker, and the First-tier Tribunal must send a copy to the decision maker.