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

Closed 16 Apr 2018

Opened 22 Jan 2018

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