Islands communities screening assessment: regulations making provision in relation to social security appeals

Islands Communities Screening Assessment of the consultation on Regulations making provision in relation to Social Security Appeals.


22. Scottish Ministers are aware of the duty to consult island communities before making a material change to any policy, strategy or service which, in the Scottish Ministers' opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities

23. Scottish Ministers, by taking as a starting point the existing procedural rules for both the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland, have ensured that there will be no new unique impacts on island communities. Likewise in consultations with relevant stakeholders and the judiciary there was not found to be any significantly different effect of the regulations on inhabited island communities. Similarly there will be no financial impact for island communities in isolation resulting from the provision in relation to social security appeals.

24. Scottish Ministers are aware that there may be a financial impact on individuals required to travel considerable distance in attending a tribunal. This could include, but not limited to, situations such as if they are unable to attend at Lerwick, Kirkwall or Stornoway or if those venues are unavailable or if the tribunal cannot be held at another island venue. To negate the financial implications of attending there will also be a short set of regulations made under ancillary powers in the 2018 Act. These will enable a scheme to be set up for payment of travel and subsistence (T&S) expenses, and, where appropriate, payment of allowances towards loss of remunerative time. SCTS will administer the scheme, with the underlying policy being the responsibility of the Scottish Ministers. Claims for expenses of attendance will be open to parties (other than representatives of the Scottish Ministers) and witnesses cited to attend hearings related to social security appeals. The scheme will cover both the First-tier and Upper Tribunals.


Naeem Bhatti

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