The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 and come into force on 22 November 2018.

(2) In these Regulations—

“the 2018 Act” means the Social Security (Scotland) Act 2018 M1 ;

“the 2015 Regulations” means the Scottish Tribunals (Eligibility for Appointment) Regulations 2015 M2 ;

[F1 “the 2020 Regulations” means the Scottish Child Payment Regulations 2020;]

[F2 “the Carer’s Allowance Supplement Regulations” means the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020;]

“the Chamber President” means the Chamber President of the First-tier Tribunal;

“the First-tier Tribunal” means the First-tier Tribunal for Scotland Social Security Chamber M3 ;

“ordinary member with disability experience” means a member of the First-tier Tribunal for Scotland who is eligible for appointment under regulation 3D of the 2015 Regulations M4 ;

“ordinary member with medical experience” means a member of the First-tier Tribunal for Scotland who is eligible for appointment under regulation 3C of the 2015 Regulations M5 ;

[F3 “process decision” means—

(a)

in relation to an appeal under section 61 of the 2018 Act, a decision made under section 38, 41(3) or 42 of that Act;

(b)

in relation to an appeal under paragraph 23 of the schedule of the 2020 Regulations, a decision made under paragraph 1(4), 14(5) or 15(2)(b) of the schedule of those Regulations];

(c)

[F4 in relation to an appeal under paragraph 13 of schedule 2 of the Carer’s Allowance Supplement Regulations, a decision made under paragraph 1(5), 4(6) or 5(2)(b) of schedule 2 of those Regulations.]

“reserved benefit” means a benefit which is to any extent a reserved matter within the meaning of schedule 5 of the Scotland Act 1998 M6 ; and

“the Upper Tribunal” means the Upper Tribunal for Scotland.

Textual Amendments

F1 Words in reg. 1(2) inserted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 2(2)(a)

F2 Words in reg. 1(2) inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(2)(a)

F3 Words in reg. 1(2) substituted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 2(2)(b)

F4 Words in reg. 1(2) inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 4(2)(b)

Marginal Citations

M1 2018 asp 9.

M2 S.S.I. 2015/381, which was amended by S.S.I. 2017/274 and S.S.I. 2018/276.

M3 The First-tier Tribunal for Scotland Social Security Chamber is brought into being by S.S.I. 2018/349.

M4 Regulation 3D was inserted by S.S.I. 2018/276.

M5 Regulation 3C was inserted by S.S.I. 2018/276. This followed from the insertion into the 2015 Regulations of regulations 3A and 3B, by S.S.I. 2017/274.

M6 1998 c.46. The relevant section is F1 in Part 2 of schedule 5, which was amended by the Scotland Act 2016 (c.11), sections 22 to 28.