Child Disability Payment decision making guide

The First-tier Tribunal’s power to review and set aside its decisions

(The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 35)

A party can request a review of a decision made by the First-tier Tribunal on the basis of a point of law.

A review on a point of law can be brought when a party thinks the First-tier Tribunal made a legal mistake in making its decision. Examples of a review on a point of law could include arguments that the First-tier Tribunal:

  • failed to apply the law correctly
  • ignored relevant factors or it took into account irrelevant factors in making its decision
  • did not give adequate reasons for its decision
  • did not have evidence or sufficient evidence to support their decision

An application for a review must:

  • be made in writing
  • be made within 14 days of when the First-tier Tribunal’s decision was made or of when the written reasons were sent to the parties, whichever is later
  • identify the points of law on the basis of which a review is being requested

The First-tier Tribunal must refuse the application if it thinks the application is without merit. It must tell the parties the reasons for refusing the application.

If the application is accepted as valid, the First-tier Tribunal sends a notice to the parties. The notice:

  • must include a time limit for any response to the application by the other parties
  • must ask the parties if they think the application can be determined without a hearing
  • can include the First-tier Tribunal’s provisional views on the application

If the application is accepted as valid, the First-tier Tribunal reviews the decision at a hearing. This is unless the First-tier Tribunal thinks that a hearing isn’t necessary in the interests of justice.

In a review by the First-tier Tribunal, the Tribunal can (Tribunals (Scotland) Act 2014, s.44(1)):

  • take no action
  • set the decision aside. This means they cancel it
  • correct a minor or accidental error in the decision

Where a decision is set aside by the First-tier Tribunal in a review it can (Tribunals (Scotland) Act 2014, s.44(2)):

  • re-decide the matter
  • refer that matter to the Upper Tribunal
  • make any other order that it thinks is appropriate

Once the decision is reviewed, the First-tier Tribunal must tell the parties about it as soon as reasonably practicable.

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