Appeals to Upper Tribunal

This chapter is relevant to individuals who have applied for Carer Support Payment (CSP) and who have:

• appealed to the First-tier Tribunal for Scotland about their CSP determination
• do not agree with the decision made by the Tribunal
• want to challenge the decision.

Individuals appeal to the First-tier Tribunal for Scotland Social Security Chamber when they disagree with either a:

• re-determination
• process decision

made by Social Security Scotland. Please see the chapter on Appeals to the First-tier Tribunal for information on how individuals can appeal re-determinations and process decisions. The First-tier Tribunal for Scotland Social Security Chamber is referred to as the First-tier Tribunal in this chapter.

This chapter is also relevant where Social Security Scotland wants to challenge a decision made by the First-tier Tribunal.

The Upper Tribunal:

• hears appeals arising from decisions made by the First-tier Tribunal
• is independent
• listens to both sides involved in the appeal
• considers all the facts and evidence before making a decision on the appeal.

An appeal to the Upper Tribunal can be made:

• by a party in the case that was heard by the First-tier Tribunal
• only on a point of law (section 46).

The Upper Tribunal can agree with and uphold the decision made by the First-tier Tribunal on the point of law (section 47(1)).

If it does not agree with the decision, it can quash the decision.

If it quashes the decision of the First-tier Tribunal, the Upper Tribunal can do any of the following:

• re-make the decision
• send the case back to the First-tier Tribunal and give them directions on how to reconsider the case
• make such order as it sees fit.