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.

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