Explanatory note

These Regulations amend two sets of Regulations which provide for the handling of appeals by the Social Security Chamber of the First-tier Tribunal for Scotland. They enable the full package of tribunal procedure and composition regulations to apply in relation to appeals concerning the Scottish child payment, in the same way as they apply to appeals concerning entitlement to assistance under Chapter 2 of Part 2 of the Social Security (Scotland) Act 2018 (“the 2018 Act”).

Regulation 2 provides for the composition of the Chamber when dealing with appeals against process decisions concerning applications for and requests for re-determination of entitlement to the Scottish child payment.

Regulation 3(3) makes a technical amendment to clarify the effect of the existing rule 20 of the rules of procedure of the Social Security Chamber.

Regulation 3(4) 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 Scottish child payment. 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. It includes provision replicating the effect of the technical change made by regulation 3(3).

Regulation 3(5) and (6) extends the existing rules of procedure 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 the Scottish child payment.