The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend four sets of Regulations which together provide for the handling of appeals by the Social Security Chamber of the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland. In relation to the Social Security Chamber, they expand the functions of the Chamber so as to include dealing with appeals relating to determinations of entitlement and process decisions for carer’s allowance supplement under the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020. They also make amendments to the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 and the First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018, to enable the full package of tribunal procedure and composition regulations to apply in relation to appeals before the Chamber concerning determinations of entitlement and process decisions for carer’s allowance supplement in the same way as they apply to appeals concerning assistance under Chapter 2 of Part 2 of the Social Security (Scotland) Act 2018 (“the 2018 Act”). In relation to the Upper Tribunal, they provide for the social security rules of procedure to apply to appeals relating to carer’s allowance supplement, in the same way as other social security appeals.

Regulation 2 deals with the allocation to the Social Security Chamber of the function of dealing with appeals relating to carer’s allowance supplement.

Regulation 3 expands the application of the social security rules of procedure of the Upper Tribunal, so that they cover appeals relating to carer’s allowance supplement.

Regulation 4 provides for the composition of the Social Security Chamber when dealing with appeals against substantive determinations of entitlement to carer’s allowance supplement, and process decisions concerning applications for and requests for re-determination of entitlement to carer’s allowance supplement.

Regulation 5(3)(c) inserts a new rule in the rules of procedure of the Social Security Chamber in relation to the giving of notice of appeal against a determination of entitlement to a carer’s allowance supplement. This replicates the effect of rule 20 of the rules of procedure in relation to appeals against determinations of entitlement to assistance under Chapter 2 of Part 2 of the 2018 Act.

Regulation 5(3)(d) and (e) extends the existing rules of procedure of the Social Security Chamber in relation to the response of the decision maker to a notice of appeal against a determination of entitlement, and the giving of notice of an appeal against a process decision, to appeals concerning carer’s allowance supplement.