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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 21 April 2025
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Displaying 1198 contributions

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Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

How far would you expect people to travel for tribunals as the number increases?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

I have a couple of questions. The first is a bit nerdy and niche—I apologise for that. The new tribunal service has been set up, but precedent was set by cases that were taken in the previous tribunal system. Will the new tribunal system follow that precedent, or is it starting with a blank piece of paper for First-tier Tribunal decision making?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

That is absolutely fair.

The VoiceAbility submission states:

“It is possible to participate by video conference or by telephone; by paper; or rarely, in person”.

I am concerned that that wording suggests that the presumption is that in-person hearings, as you would call them, are rare, which would push the client down the route of thinking that in-person hearings will prove to be more difficult to get. Are you concerned by that wording? Could it be more explicit that the client can participate in the way that they want to, which is what the legislation says?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

Has VoiceAbility been told that?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

I welcome that response. Thank you.

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

Good morning. I should probably put on record the fact that I am a former First-tier Tribunal member.

Ms Devlin, you said that you do not record information with regard to redeterminations. Why not?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

It seems a bit confusing that we started with a whole new system and we are not recording information from day 1. Have you got a timescale for when that information will be recorded?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 25 April 2024

Jeremy Balfour

Okay. Thank you.

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 18 April 2024

Jeremy Balfour

Thank you. I will reflect on those comments.

We took some evidence in regard to First-tier Tribunal for Scotland hearings which, as you will remember, we looked at quite carefully. The question of whether tribunals would be held face to face or done on paper was very much meant to be client led. Interestingly, a freedom of information request came back just a couple of days ago that said that there had been only one in-person tribunal in the whole of Scotland in the past year. We have heard evidence that people are finding it difficult to get a face-to-face tribunal. It is in the 2018 act that that should be the person’s choice, but if it is not happening in practice, do we need to strengthen the legislation to ensure that people are getting what they want? I do not mean that they should be forced to go in person but that, if they want to go, that is an absolute right. Can we strengthen that in the legislation?

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 18 April 2024

Jeremy Balfour

The committee has heard objections to individuals being liable for the good-faith errors of their representative. Can the cabinet secretary explain why someone should be liable for an error that was neither their fault nor something that a person might be expected to notice?