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 the appellant chooses. For example, this could be a friend or family member.
The party should communicate the details of the representative to the Tribunal prior to the hearing (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 9(1)). Where the First-tier Tribunal is notified before the hearing that a representative has been appointed, it must notify all the parties to the proceedings (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 9(2)).
Where the First-tier Tribunal receives notice of the appointment of a representative, the Tribunal:
- must give the representative any documents which must be given to the represented party, before, on or after the day the Tribunal is notified of the appointment
- may assume that the representative is authorised to represent the other party remains appointed unless the Tribunal receives 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 (Rules of Procedure) 2018, rule 9(4)).
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 (Rules of Procedure) 2018, rule 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 appeal. Sylvia’s guardian Anthony also attends the hearing, and brings a solicitor who will speak on behalf of Anthony. Sylvia also brings along her Aunt Julie to be her supporter at the hearing.