Child Disability Payment decision making guide

Witnesses

The First-tier Tribunal can by citation (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 16(1)):

  • require any person to attend as a witness at a hearing at a certain time and place
  • order any person to answer any questions or produce any documents which relate to any issue in the proceedings

A citation is a formal letter.

The citation for a person to attend as a witness must include all of the following (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 16(2)):

  • at least 14 calendar days’ notice of the hearing or any other period of time the First–tier Tribunal sets
  • information about how the witness’s expenses for attending can be paid, if the witness is not a party in the case
  • who is to pay the expenses for attending
  • state that the person who is cited can apply to the Tribunal to have the citation varied or set aside
  • the consequences of failing to comply with the citation or order.

No one can be compelled to either:

  • give any evidence
  • produce any document that they could not be compelled to give or produce in civil proceedings in a Scottish court (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 16(3))

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