Child Disability Payment decision making guide

Right to appeal to the Upper Tribunal

Individuals and Social Security Scotland can appeal decisions of the First-tier Tribunal to the Upper Tribunal. Individuals and Social Security Scotland are known as the parties to an appeal.

Individuals cannot appeal to the Upper Tribunal against:

  • a decision by the First-tier Tribunal in an appeal against a process decision
  • a decision by the First-tier Tribunal on whether to give permission for a late appeal to be brought against a process decision (SS(S) Act 2018, s.61(4)(a)).

The parties must apply by letter or email to the First-tier Tribunal for permission to appeal one of its decisions (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, para 33(1)). There is no form for applying for permission.

If the First-tier Tribunal refuses permission, the party who has applied for permission to appeal must apply to the Upper Tribunal for permission for the decision to be appealed (Tribunals (Scotland) Act 2014, s.46(3)).

A party makes an appeal on a point of law when it thinks the First-tier Tribunal made a legal mistake with its decision. Examples of this include the First-tier Tribunal:

  • failing to apply the law correctly
  • ignoring relevant factors or considering irrelevant factors
  • not giving adequate reasons
  • having insufficient evidence for its decision.

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