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))