The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Cases in which the notice of appeal is to be sent to the decision maker

23.— [F1 (1) This rule applies to social security and child support cases in which the notice of decision being challenged informs the appellant that any appeal must be sent to the decision maker.]

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received within the time specified in Schedule 1 to these Rules (time limits for providing notices of appeal to the decision maker).

(3) If the appellant provides the notice of appeal to the decision maker later than the time required by paragraph (2) the notice of appeal must include the reason why the notice of appeal was not provided in time.

(4) Subject to paragraph (5), where an appeal is not made within the time specified in Schedule 1, it will be treated as having been made in time [F2 if neither the decision maker nor any other respondent objects].

(5) No appeal may be made more than 12 months after the time specified in Schedule 1.

(6) 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 of the decision being appealed; and

(e) the grounds on which the appellant relies.

(7) The decision maker must refer the case to the Tribunal immediately if—

(a) the appeal has been made after the time specified in Schedule 1 and the decision maker [F3 or any other respondent] 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 after the time specified in Schedule 1.

[F4 (8)  Notwithstanding rule 5(3)(a) [F5 or (aa)] (case management powers) and rule 7(2) (failure to comply with rules etc. ), the Tribunal must not extend the time limit in paragraph (5). ]

Textual Amendments

F1 Rule 23(1) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 26

F2 Words in rule 23(4) substituted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 4(2)(a)

F3 Words in rule 23(7)(a) inserted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 4(2)(b)

F4 Rule 23(8) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 3

F5 Words in art. 23 inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), arts. 1, 26

Modifications etc. (not altering text)

C1 Rule 23 applied (with modifications) by S.I. 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)