Composition of the First-tier Tribunal when deciding an appeal against a determination of entitlement to assistance provided for by regulations made under section 79 of the 2018 Act
4.—(1) If regulations made under section 79 of the 2018 Act provide for an appeal against a determination of entitlement to assistance by way of a top up of a reserved benefit, the First-tier Tribunal, when convened to decide such an appeal, must consist of—
(a)a legal member;
(b)a legal member and one ordinary member; or
(c)a legal member and two ordinary members.
(2) In this regulation “ordinary member” means an ordinary member with disability experience or an ordinary member with medical experience.
(3) Where two ordinary members are allocated to a case under this regulation, one member must have disability experience and the other member must have medical experience.
(4) The authority to determine the composition of the First-tier Tribunal in respect of the alternative compositions referred to in paragraph (1) is delegated to the President of the Scottish Tribunals, who may sub-delegate the authority to the Chamber President.