Evidence and submissions

The First-tier Tribunal has the power to give orders about any of the following (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 15(1)):

• issues on which it requires evidence or submissions
• the types of evidence or submissions to be provided
• whether the parties are permitted to provide expert evidence
• any limit on the number of witnesses who can be put forward
• how and by when any evidence or submissions need to be provided.

The First-tier Tribunal can also decide if the evidence or submissions should be made (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 15(1)(e)):

• orally at a hearing
• by written submissions or witness statements.

The First-tier Tribunal can exclude evidence that would otherwise be admissible in any of the following situations (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 15(2)):

• the evidence is not provided within the time allowed by the First-tier Tribunal and no reasonable excuse is provided for missing the deadline
• the evidence is provided in a way that does not comply with an order or practice direction and there is no reasonable excuse provided
• the Tribunal considers it would be unfair to admit the evidence
• no reasonable excuse is provided for missing the deadline.

The First-tier Tribunal cannot consider evidence provided after it has made a decision about the appeal.

The First-tier Tribunal can admit evidence where it:

• would or would not be admissible in civil proceedings in Scotland
• was or was not available to a previous decision maker.