Work of the Social Security and Child Support (SSCS) Tribunal
The SSCS Tribunal principally covers appeals against decisions taken by government departments.
These are mainly the Department for Work and Pensions and HMRC, but also some decisions by local authorities and the NHS Business Services Authority, on entitlement to social security benefits and liability to make child support payments (see the list (external link) of these social security benefits). There is an onward right of appeal to the Upper Tribunal (Administrative Appeals Chamber) on points of law.
SSCS tribunals also hear appeals concerning vaccine damage payments, payments resulting from diffuse mesothelioma, appeals against decisions made about Infected Blood Compensation and decisions in relation to NHS charges.
NB: Appeals against Adult Disability Payments decisions and other benefits administered by Social Security Scotland are dealt with by the Scottish Social Security Tribunal
There are seven regions of SSCS in Great Britain, each headed by a Regional Tribunal Judge (“RTJ”) who reports to the Chamber President. The RTJs are responsible for the salaried judges (District Tribunal Judges or “DTJs”) and the fee-paid judges and non-legal members in their region. Most salaried judges will have practised as solicitors, barristers or legal executives prior to becoming judges, but will have stopped doing so once they became a salaried judge. Fee-paid judges are usually practising solicitors, barristers or legal executives and work in the tribunal for a limited number of days each year.
Judges sit with non-legal members on many of the appeals they determine, and they bring specialist expertise from the relevant fields of medicine, disability and accountancy. Many cases are heard by a Tribunal consisting of a judge and one or two non-legal members. Most non-legal members are fee-paid.
The Chief Medical Member (a salaried post) has national responsibility for medical members, and is supported by salaried Regional Medical Members in each of the Regions of the SSCS jurisdiction.
All Judges and Non Legal Members are independent members of the judiciary, appointed followed selection exercises operated by the Judicial Appointments Commission and subject to statutory qualifying criteria.
Fee paid and District Tribunal Judges (DTJs) usually hear the same types of appeals but DTJs have additional responsibilities including delivering training to and appraising fee paid colleagues. With the help of legally trained Legal Officers and legally qualified Registrars, DTJs also carry out pre-hearing case management and deal with issues arising after decisions have been made by Tribunals (including applications for review, set aside or permission to appeal).
Most SSCS appeals are digital, meaning that appellants can start and track their appeal, submit evidence and communicate with HMCTS (which provides administrative support to the tribunal) online. Evidence supporting an appeal can be shared with the Respondent (usually the Department of Work and Pensions) digitally via the new case management system called Core Case Data (CCD). SSCS conducts most hearings using digital documents, and so no longer needs to handle large bundles of paper.
Many appeals are heard face-to-face at a Tribunal venue, with the appellant, the presenting officer from the government department, and the members of the Tribunal all present. A substantial number of appeals are also conducted either by telephone or by video. The appeal form allows an appellant to say which form of hearing is suitable for them.
A short video has been prepared to explain what to expect: Video hearings at the Social Security and Child Support Tribunal (external link).
Social Security and Child Support appeal hearings are inquisitorial and enabling.