xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

F1 PART IV E+W+S RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

Textual Amendments

F1 Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

CHAPTER IE+W+SGENERALGENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALSE+W+S

Appeal against a decision which has been [F2[F3replaced or]] revisedE+W+S

30.—(1) [F4An appeal against a decision of the Secretary of State F5... [F6or the Board or an officer of the Board] shall not lapse where the decision [F7is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act] or section 9 before the appeal is determined and the decision as [F8replaced or] revised is not more advantageous to the appellant than the decision before it was [F9replaced or] revised.]

[F4An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—

(a)the decision is revised under section 9 before the appeal is determined; and

(b)the decision as revised is not more advantageous to the appellant than the decision before it was revised.]

(2) Decisions which are more advantageous for the purposes of this regulation include decisions where—

(a)any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;

(b)it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

(c)as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;

(d)it reverses a decision to pay benefit to a third party;

[F10(dd)it reverses a decision under section 29(2) that an accident is not an industrial accident;]

(e) in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act M1 or regulations made under any of those sections, or the amount so recoverable is reduced; or

(f)a financial gain accrued or will accrue to the appellant in consequence of the decision.

(3) [F11Where a decision as [F12replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act] or under section 9 is not more advantageous to the appellant than the decision before it was [F13replaced or] revised, the appeal shall be treated as though it had been brought against the decision as [F14replaced or] revised.]

[F11Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.]

(4) The appellant shall have a period of one month from the date of notification of the decision as [F15[F16replaced or]] revised to make further representations as to the appeal.

(5) After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the [F17First-tier Tribunal] shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F18... [F19or the Board or an officer of the Board] further revises his[F20, or revise their,] decision and that decision is more advantageous to the appellant than the decision before it was [F15[F21replaced or]] revised.

Textual Amendments

F3 Words in reg. 30 inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(a) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F6 Words in reg. 30(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(a)

F7 Words in reg. 30(1) substituted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F8 Words in reg. 30(1) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F9 Words in reg. 30(1) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(b)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F12 Words in reg. 30(3) substituted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F13 Words in reg. 30(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F14 Words in reg. 30(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(c)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F15Words in reg. 30(4)(5) omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(c)

F16 Words in reg. 30(4) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(d) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F19 Words in reg. 30(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(a)

F20 Words in reg. 30(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 21(1)(b)

F21 Words in reg. 30(5) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 11(e) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Marginal Citations

M1 Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c.18).

[F22Appeals to [F23the First-tier Tribunal] in child support casesE+W+S

30A.  [F24Section 20 of the Child Support Act shall apply to any decision [F25of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, or a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act. [F25of the Commission with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance or voluntary payments.]]]]

Textual Amendments

F22 Reg. 30A inserted (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 12 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)

Time within which an appeal is to be broughtE+W+S

F26 31 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Late appealsE+W+S

32 .—[F27[F28(1) Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.

(2) The Secretary of State F29... or the Board, as the case may be, may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the conditions in paragraphs (4) to (8) are satisfied.]

[F30(4) An appeal may be treated as made in time if the Secretary of StateF31... or the Board, as the case may be, is satisfied that it is in the interests of justice.]

(5) For the purposes of paragraph (4) it is not in the interests of justice to [F32treat the appeal as made in time unless][F33, the Secretary of State or the Board, as the case may be,] is satisfied that—

(a) the special circumstances specified in paragraph (6) are relevant F34 ...; or

(b) some other special circumstances exist which are wholly exceptional and relevant F34 ...,

and as a result of those special circumstances, it was not practicable for the [F35appeal to be made] within the time limit specified in [F36Tribunal Procedure Rules].

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

(a)the [F37appellant] or a [F38partner] or dependant of the [F37appellant] has died or suffered serious illness;

(b)the [F37appellant] is not resident in the United Kingdom; or

(c)normal postal services were disrupted.

(7) In determining whether it is in the interests of justice to [F39treat the appeal as made in time], [F40regard shall be had] to the principle that the greater the amount of time that has elapsed between the expiration of the time [F41limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.]

(8) In determining whether it is in the interests of justice to [F42treat the appeal as made in time], no account shall be taken of the following—

(a)that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by [F43Tribunal Procedure Rules]); or

(b)that [F44the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

F45( 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45( 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45( 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

C1 Reg. 32 applied (with modifications) (21.7.2002) by Child Support Appeals (Jurisdiction of Courts) Order 2002 (S.I. 2002/1915), art. 1(2)5 (with art. 1(3))

C2 Reg. 32 applied with modifications (18.2.2003 coming into force in accordance with art. 1(2)) by Child Support Appeals (Jurisdiction of Courts) (Scotland) Order 2003 (S.S.I. 2003/96), arts. 1(2), 5

C3 Reg. 32 applied (with modifications) by SI 2002/1915 art. 5 (as substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 181)

[F46Notice of Appeal]E+W+S

33.— F47 [F48( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F49 A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State F50 ... or the Board, as the case may be, or in such other format as the Secretary of State F50 ... or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office ] —

(a)in the case of an appeal under the 1997 Act against a certificate of recoverable benefits [F51or, as the case maybe, recoverable lump sum payments], the Compensation Recovery Unit of the [F52Department for Work and Pensions] at [F53Durham House, Washington, Tyne and Wear, NE38 7SF];

(b)in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the [F54Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal];

(c)in the case of a contributions decision which falls within Part II of Schedule 3 to the Act, any National Insurance Contributions office [F55of the Board, or any office of the [F56Department for Work and Pensions]];

[F57(cc)in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;]

(d)[F58 in the case of an appeal under section 20 of the Child Support Act F59 ..., an office of the Child Support Agency; and ]

[F60(dd)in the case of an appeal against a decision relating to working families' tax credit or disabled person’s tax credit, a Tax Credits Office of the Board, and.]

[F61(ddd)in a case where the decision appealed against was a decision arising from a claim to a designated office, an office of a designated authority;]

(e)in any other case, an office of the [F62Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal].

[F63(3)  Except where paragraph (4) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Secretary of State F50 ... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules. ]

(4)  Where the Secretary of State is satisfied [F64or the Board are satisfied] that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal F65 ... to proceed, he[F66or they] may treat the form as satisfying the requirements of [F67 Tribunal Procedure Rules ] .

(5)  Where [F68 a notice of appeal ] is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal F69 ... to proceed, the Secretary of State [F70or the Board] may treat the letter as satisfying the requirements of [F71 Tribunal Procedure Rules ] .

(6)  Where the letter does not include sufficient information to enable the appeal F72 ... to proceed, the Secretary of State [F70or the Board] may request further information in writing (“further particulars”) from the person who wrote the letter.

[F73(7) Where a person to whom a form is returned, or from whom further particulars are requested, duly completes and returns the form or sends the further particulars, if the form or particulars, as the case may be, are received by the Secretary of State or the Board within—

(a)14 days of the date on which the form was returned to him by the Secretary of State or the Board, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b)14 days of the date on which the Secretary of State’s or the Board’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or

(c)such longer period as the Secretary of State or the Board may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State or the Board.]

(8) Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (7)—

(a)the Secretary of State [F70or the Board] shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to [F74the First-tier Tribunal], and

(b)the [F75First-tier Tribunal] shall determine whether the form or the letter satisfies the requirement of [F76Tribunal Procedure Rules.]

(9) Where—

(a)a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (7), and

(b)no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State [F70or the Board],

that form or further particulars shall also be forwarded to the [F77First-tier Tribunal which] shall take into account any further information or evidence set out in the form or further particulars.

[F78[F79(10) The Secretary of State or the Board may discontinue action on an appeal where the [F80notice of] appeal has not been forwarded to the [F81First-tier Tribunal] and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.]]]

Textual Amendments

F59 Word in reg. 33(2)(d) omitted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by virtue of The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 (S.I. 2001/158), regs. 1(3), 4(4); S.I. 2003/192, art. 3(1), Sch.

F60Reg. 33(2)(dd) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(3)(b)

F64Words in reg. 33(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(5)(a)

F66Words in reg. 33(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(5)(b)

F70Words in reg. 33(5)-(9) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(4)

Modifications etc. (not altering text)

Death of a party to an appealE+W+S

34 .—[F82(1) In any proceedings, on the death of a party to those proceedings (other than the Secretary of State [F83or the Board]), the Secretary of State [F83or the Board] may appoint such person as he thinks [F84or they think] fit to proceed with the appeal in the place of such deceased party.

(2) A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (1).

(3) Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Secretary of State [F85or the Board] shall be the day immediately prior to the first day on which such action was taken.]

Textual Amendments

F83 Words in reg. 34(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 24(a)

F84 Words in reg. 34(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 24(b)

F85 Words in reg. 34(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 24(a)

Modifications etc. (not altering text)

C8 Reg. 34 applied (with modifications) by SI 2006/3398 reg. 8 (as substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 326)