Upper Tribunal’s decision

The Upper Tribunal can agree with and uphold the decision made by the First-tier Tribunal on the point of law. If it does not agree with the decision, it can quash the decision (Tribunals (Scotland) Act 2014, section 47(1)).

If it quashes the decision of the First-tier Tribunal, the Upper Tribunal can (Tribunals (Scotland) Act 2014, section 47(2)):

• re-make the decision
• send the case back to the First-tier Tribunal
• make another order as it considers appropriate.

In re-making the decision, the Upper Tribunal can do anything that the First-tier Tribunal could do when re-making the decision and reach findings in fact as it considers appropriate.

In remitting the case to the First-tier Tribunal, the Upper Tribunal can give directions for the First-tier Tribunal’s reconsideration. For example it can give directions on:

• issues of law or facts
• procedural issues, including which Tribunal members should be chosen to reconsider the case.

The Upper Tribunal must give each party a decision notice which both (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 27(2)):

• states its decision
• tells the parties if they have any appeal rights and the time limits and manner for appealing.

The Upper Tribunal must do this as soon as reasonably practicable after making the decision.

A party can request written reasons if the Upper Tribunal does not provide them for a decision. The party must request them within 14 days of the decision being made.

The Upper Tribunal can both:

• give a decision orally at a hearing
• publish any of its decisions if it considers it is in the public interest to do so.