This chapter is relevant to individuals who have applied for Child Disability Payment (CDP) and who have:

• appealed to the First-tier Tribunal for Scotland about their CDP determination
• do not agree with the decision made by the Tribunal
• want to challenge the decision.

Individuals appeal to the First-tier Tribunal for Scotland Social Security Chamber when they disagree with one of the following:

• a re-determination
• a determination, where they have requested a re-determination and Social Security Scotland have not made the re-determination within 56 days
• a process decision made by Social Security Scotland. Please see the chapter on Appeals to the Firsttier Tribunal for information on how individuals can appeal re-determinations, determinations where Social Security Scotland have not made the requested redetermination within 56 days, and process decisions. The First-tier Tribunal for Scotland Social Security Chamber is referred to as the First-tier Tribunal in this chapter.

This chapter is also relevant where Social Security Scotland wants to challenge a decision made by the First-tier Tribunal.

The Upper Tribunal:

• hears appeals arising from decisions made by the First-tier Tribunal
• is independent
• listens to both sides involved in the appeal
• considers all the facts and evidence before making a decision on the appeal.

An appeal to the Upper Tribunal can be made:

• by a party in the case that was heard by the First-tier Tribunal
• only on a point of law (Tribunals (Scotland) Act 2014, s.46).

The Upper Tribunal can agree with and uphold the decision made by the First-tier Tribunal on the point of law (Tribunals (Scotland) Act 2014, s.47(1)).

If it does not agree with the decision, it can quash the decision.

If it quashes the decision of the First-tier Tribunal, the Upper Tribunal can do

any of the following (Tribunals (Scotland) Act 2014, s.47(2)):

• re-make the decision
• send the case back to the First-tier Tribunal and give them directions on how to reconsider the case
• make such order as it sees fit.