Child Disability Payment decision making guide

The First-tier Tribunal’s decision

The First-tier Tribunal has the power to (SS(S) Act 2018, s.49):

  • uphold the determination made by Social Security Scotland
  • make its own determination of the individual’s entitlement to the benefit

The First-tier Tribunal may give a verbal decision at the hearing. However, in all cases it must provide all parties with a written decision notice that includes (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 28):

  • the First-tier Tribunal’s decision
  • notification of any right to apply for a full written statement of reasons. This is a more detailed explanation of the reasons why the First-tier Tribunal made their decision
  • notification of any appeal rights and time limits

The individual receives a written decision notice from the First-tier Tribunal. However, Social Security Scotland should also send the individual a letter advising them what the impact of the Tribunal’s decision will be on their benefit entitlement, if any. Guidance on completing the appeal outcome letter can be found in Operational Guidance.

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