Commentary on Provisions Appeal against Scottish Ministers’ process decisions Section 10: Appeal to First-tier Tribunal against process decisions
38.Under section 61 of the 2018 Act, an individual can appeal to the First-tier Tribunal against certain decisions made by the Scottish Ministers (acting through Social Security Scotland) on the process of applying for social security assistance and the process of challenging determinations of entitlement to assistance. Section 10 of the Act amends section 61 in order to clarify the powers of the Tribunal to uphold or set aside decisions in process appeals.
39.Section 10 of the Act also inserts a new section 61A into the 2018 Act, setting out the actions that Ministers have to take in consequence of the different kinds of Tribunal decisions, including the making of a new determination of entitlement in certain cases.