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  4. Scottish social security appeals rules go out to consultation

Scottish social security appeals rules go out to consultation

23rd January 2018 | civil litigation , welfare/benefits

Rules for taking appeals when welfare benefits begin to be delivered by the Scottish social security agency are the subject of a new consultation by the Scottish Government.

Ministers are appealing for views on the development of the rules of procedure and other provisions that will be required to set up a new chamber in the Scottish Tribunals to hear appeals for devolved assistances, the first wave of which will come on stream between autumn 2018 and summer 2019.

The Social Security & Child Support Tribunal (SSCST) is one of 19 further tribunals to be devolved to Scotland under the Smith Commission report. Discussions are ongoing with the UK Government regarding the timing of the transfer of SSCST to Scotland. Meantime Scottish ministers intend to set up a new First-tier Tribunal chamber to hear devolved assistance appeals, ahead of any potential devolution of SSCST.

To ensure the effective operation of the devolved chamber and ensure consistency with the reserved chamber, the existing procedural rules for both the First-tier Tribunal and the Upper Tribunal have been used as a starting point. However, rules have been amended where they could be further strengthened to ensure consistency with ministers’ aspirations for how the appeals in the devolved system will operate.

Click here to access the consultation. Views are invited by 16 April 2018.

 

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