Child Disability Payment decision making guide

The Upper Tribunal’s powers to review and set aside its decisions

The Upper Tribunal can decide to review its own decision if it considers it necessary in the interests of justice to do so. It can also do so at the request of a party.

A party must apply for the Upper Tribunal to review a decision:

  • in writing within 14 days of the decision being made
  • explaining the reasons for applying.

The Upper Tribunal must send a copy of the application:

  • to any other party involved in the proceedings
  • within 10 working days beginning with the day the Upper Tribunal receives the application.

The Upper Tribunal must decide the review as soon as reasonably practicable. The same Tribunal members should decide the case if practicable. If this is not possible, members selected by the President should decide the review.

In a review, the Upper Tribunal can (Tribunals (Scotland) Act 2014, section 44(1)):

  • take no action
  • set the decision aside. This means they cancel it.
  • correct a minor or accidental error in the decision.

Where a decision is set aside by the Upper Tribunal in a review it can (Tribunals (Scotland) Act 2014, section 44(4)):

  • re-decide the matter
  • make any other order that it thinks is appropriate.

The Upper Tribunal must notify the parties of the decision as soon as is practicable.

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