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Social Security Administration and Tribunal Membership (Scotland) Act 2020

Section 14: Assistance given in error: First-tier Tribunal’s jurisdiction

85.Section 14 of the Act repeals section 68 of the 2018 Act and inserts a new section 87A (First-tier Tribunal’s jurisdiction). That new section provides that the Scottish Ministers may, by regulations, transfer to the First-tier Tribunal for Scotland some or all of the competence and jurisdiction that a sheriff has in relation to the recovery of money owed under section 63 of the 2018 Act (re-stating the effect of the repealed provision), as well as in relation to the recovery of money owed under regulations made under Part 3 of the 2018 Act in relation to top-up assistance.

86.New section 87A(2) requires the Scottish Ministers to consult with the Lord President of the Court of Session, the President of the Scottish Tribunals and sheriffs principal before laying draft regulations under section 87A(1) before the Parliament for approval.

87.New section 87A(3) requires the Scottish Ministers to exercise the power under section 87A(1) on at least one occasion, and to undertake the consultation required by subsection (2) before 1 April 2021.

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