Consultation on Draft Regulations making provision in relation to Social Security Appeals

Closed 16 Apr 2018

Opened 22 Jan 2018

Feedback Updated 14 Sep 2018

We Asked

On 22 January 2018 the Scottish Government launched a full public consultation.  This covered the suite of Regulations required in order to set up a new chamber of the First-tier Tribunal for Scotland, and ensure necessary provision is made for the Upper Tribunal for Scotland when dealing with social security appeals for devolved benefits when they begin to be delivered by the new agency – Social Security Scotland.

The consultation document set out the regulations and sought views on six core sets of draft Regulations

You Said

There were 25 responses, 4 from individuals and 21 from representative organisations.  The Scottish Government is grateful to all who responded to the consultation and for the broad support for the draft Regulations.  Where permission was received, individual responses were published online on the Citizen Space website at:

https://consult.gov.scot/social-security/provision-for-social-security-appeals/consultation/published_select_respondent

These responses were analysed and the analysis of Consultation Responses on Draft Regulations making provision in relation to Social Security Appeals was published online at https://www.gov.scot/Publications/2018/09/5676

 

 

 

We Did

The Scottish Government’s full response

https://www.gov.scot/Publications/2018/09/3438 covers the views of all those who provided feedback during the consultation process and explains where the draft Regulations have been revised. In doing so it was necessary to balance the views of respondents, the judiciary and the Social Security Committee’s evidence gathering session, while ensuring that what is proposed does not lead to operational or other difficulties.  The final Regulations were laid in Parliament on 13 September 2018.

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

The Scottish Government would like to consult 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 when they begin to be delivered by the new Scottish social security agency.

Why We Are Consulting

Under the Heads of Agreement for further devolution of powers to the Scottish Parliament, as set out in the report of the Smith Commission, the operation and administration of 19 reserved tribunals will be devolved to Scotland, including the Social Security and Child Support Tribunal (SSCST). Discussions are on-going with the UK Government (UKG) regarding the timing of the transfer of SSCST to Scotland. 

The Cabinet Secretary for Communities, Social Security and Equalities statement to Parliament on 30 May 2017 set out that the Scottish Government will begin to deliver the first wave of benefits between Autumn 2018 and Summer 2019. It is therefore the intention of Scottish Ministers to set up a new Chamber in the First-tier of the Scottish Tribunals that will hear devolved assistance appeals when the first wave of social security assistances begin to be delivered by the Scottish social security agency, 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 Scottish Ministers’ aspirations for how the appeals in the devolved system will operate

The Scottish Government is now seeking views of any organisation or individual with an interest in these matters to ensure what is being proposed will meet the needs of the users in the Scottish social security system.

Download the consultation paper.

What Happens Next

The Scottish Government will review the responses to the consultations and if required adjust the regulations in light of public consultation. The regulations will then be presented for Scottish Parliament's consideration under negative and affirmative procedure.

Audiences

  • People of Scotland

Interests

  • Communities and Third Sector
  • Constitution and Democracy
  • Equality, Welfare and Rights
  • Health and Social Care