Child Disability Payment decision making guide
Duty to treat a request for a review as an application for permission to appeal
(The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 36)
The First-tier Tribunal must treat a request for a review of its decision as also being an application for permission to appeal to the Upper Tribunal.
The First-tier Tribunal must do this unless the party who requests the review states that they don’t want it to be treated as an application for permission to appeal. 18
The party who requested the review is given notice of the review decision. At this point, the party is given the opportunity to say if they want to go ahead with an appeal.
See the Chapter on Appeals to the Upper Tribunal for information about applying for permission to appeal to the Upper Tribunal.
Social Security Scotland:
- does not agree with a decision made by the First-tier Tribunal
- requests in writing that the First-tier Tribunal reviews its decision on the basis of a point of law
- includes the point of law on the basis of which a review is being requested
The First-tier Tribunal reviews the decision and decides to take no action. It notifies Social Security Scotland of this decision. At this point, Social Security Scotland is asked if it wants to appeal to the Upper Tribunal.
Social Security Scotland wants to go ahead and appeal the decision to the Upper Tribunal.
In these circumstances there is no need for Social Security Scotland to write to the First-tier Tribunal again to ask for permission to appeal. This is because it has previously sent the First-tier Tribunal a request for a review. Social Security Scotland only needs to confirm that it wants to go ahead with the appeal.
Their request for a review counts as a request for permission to appeal to the Upper Tribunal.