Child Disability Payment decision making guide

Hearings

The First-tier Tribunal can make a decision on an appeal without holding a hearing, if both the individual and Social Security Scotland agree to this (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 23(1)).

If there is a hearing, the First-tier Tribunal must tell the individual and Social Security Scotland the time and place of the hearing, at least 14 calendar days before the hearing (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 25). The individual and Social Security Scotland are also known as the parties.

The First-tier Tribunal can give less notice in urgent or exceptional circumstances, or if the parties consent to having less notice.

The First-tier Tribunal can continue a hearing if a party does not attend, but it must be satisfied either that (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 27(a)):

  • the party has been told about the hearing
  • reasonable steps have been taken to tell the party about the hearing.

The First-tier Tribunal will also consider whether continuing with the hearing is in the interests of justice (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 27(b)).

The First-tier Tribunal usually holds hearings in public (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 26(1)). However, it can decide to hold a hearing, or part of a hearing, in private. This is if it considers that the private hearing is in the interest of any of the following:

  • public order
  • justice 11
  • the public interest
  • protecting a party’s right to respect for privacy and family life
  • maintaining the confidentiality of sensitive information

The First-tier tribunal can decide who is allowed to attend the hearing or part of it. It can exclude from the hearing or part of it anyone whose (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 26(4)):

  • behaviour the First-tier Tribunal considers is disrupting or is likely to disrupt the hearing
  • presence the First-tier Tribunal considers is likely to prevent another person from giving evidence or making submissions freely
  • presence the First-tier Tribunal considers to be against the purpose of the hearing

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