Child Disability Payment decision making guide
Representatives and supporters
Any party in the appeal can be represented by another person. A representative can be a lay or legal representative. A lay representative can be anyone who can act on the party’s behalf. For example, this could be a friend or family member.
The First-tier Tribunal must notify all the parties to the hearing that a representative has been appointed.
A party who is notified that another party has a representative:
- must give the representative any document which must be given to the represented party
- can assume that the representative is authorised to represent the other party. This is until they receive written notification that they are no longer the representative
A party can tell the First-tier Tribunal both:
- that they will be represented by a representative
- who the representative is 12 in advance of the hearing, but they are not required to do so
If there is a change, a party can decide to be represented by a different person at the hearing. This is even if they have shared the details of another representative with the First-tier Tribunal (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 9).
A party who is an individual can also bring a person along to the hearing to act as a supporter1. The supporter can be a different person to the representative. The supporter can be anyone the individual chooses, for example a friend, a family member or a work colleague (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 10).
Anthony is Sylvia’s guardian. Anthony is appealing the re-determination made by Social Security Scotland on Sylvia’s application for CDP. Anthony hires a solicitor to represent Sylvia in the appeal.
The First-tier Tribunal holds an oral hearing to decide the case. At the hearing, Sylvia is represented by the solicitor who speaks on her behalf. Her guardian Anthony also attends the hearing. Sylvia also brings along her Aunt Julie to be her supporter at the hearing. Neither Julie not Anthony can speak on Sylvia’s behalf.