The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

Notice of appealU.K.

This section has no associated Explanatory Memorandum

21.—[F1(1) An appellant must start proceedings by sending or delivering a notice of appeal to the [F2Tribunal] so that it is received within 12 months after the date on which written notice of the decision being challenged was sent to the appellant.]

(2) If the appellant provides the notice of appeal to the [F3Tribunal] later than the time required by paragraph (1) the notice of appeal must include the reason why the notice of appeal was not provided in time.

(3) Subject to paragraph (4), where an appeal is not made within the time specified in paragraph (1), it will be treated as having been made in time if the decision maker does not object.

[F4(4) No appeal may be made more than 12 months after the end of the 12-month period provided for in paragraph (1).]

(5) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)details (including the full reference) of the decision being appealed; and

(e)the grounds on which the appellant relies.

[F5(5A) The Tribunal must send a copy of the notice of appeal and any accompanying documents to the decision maker as soon as reasonably practicable.]

(6) [F6Upon receipt of a copy of the notice of appeal the decision maker must notify the Tribunal within 28 days] if—

(a)the appeal has been made after the time specified in paragraph (1) and the decision maker objects to it being treated as having been made in time; or

(b)the decision maker considers that the appeal has been made more than 12 months [F7after the end of the 12-month period provided for in paragraph (1)].

[F8(7) Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc.), the Tribunal must not extend the time limit in paragraph (4).]

Textual Amendments

F7Words in rule 21(6)(b) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(4) (with rule 7)