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

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Rule 23

SCHEDULE 1Time limits for providing notices of appeal to the decision maker

Type of proceedings	Time for providing notice of appeal
cases other than those listed below	the latest of— (a) one month after the date on which notice of the decision being challenged was sent to the appellant; (b) if a written statement of reasons for the decision is requested, 14 days after the later of (i) the date on which the period at (a) expires; and (ii) the date on which the written statement of reasons was provided; or (c) where the appellant made an application for revision of the decision under regulation 3(1) or (3) or 3A(1) of the Social Security and Child Support (Decision & Appeals) Regulations 1999(1) or regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992(2), and that application was unsuccessful, one month of the date on which notice that the decision would not be revised was sent to the appellant
appeal against a certificate of NHS charges under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003(3)	(a) 3 months after the latest of— (i) the date on the certificate; (ii) the date on which the compensation payment was made; (iii) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or (iv) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death; or (b) if the person to whom the certificate has been issued makes an application under section 157(4) of the Health and Social Care (Community Health and Standards) Act 2003, one month after— (i) the date of the decision on that application; or (ii) if the person appeals against that decision under section 157(6) of that Act, the date on which the appeal is decided or withdrawn
appeal against a waiver decision under section 157(6) of the Health and Social Care (Community Health and Standards) Act 2003	one month after the date of the decision
appeal against a certificate of NHS charges under section 7 of the Road Traffic (NHS Charges) Act 1999(4)	3 months after the latest of— (a) the date on which the liability under section 1(2) of the Road Traffic (NHS Charges) Act 1999 was discharged; (b) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or (c) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of a traffic casualty and arising out of the injury or death
appeal against a certificate of recoverable benefits under section 11 of the Social Security (Recovery of Benefits) Act 1997(5)	one month after the latest of— (a) the date on which any payment to the Secretary of State required under section 6 of the Social Security (Recovery of Benefits) Act 1997 was made; (b) if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or (c) the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the accident, injury or disease
appeal under the Vaccine Damage Payments Act 1979(6)	no time limit
appeal under the Tax Credits Act 2002(7)	as set out in the Tax Credits Act 2002
appeal under the Child Trust Funds Act 2004(8)	as set out in the Child Trust Funds Act 2004
appeal against a decision in respect of a claim for child benefit or guardian’s allowance under section 12 of the Social Security Act 1998(9)	as set out in regulation 28 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003(10)

Rule 25(3)

SCHEDULE 2Issues in relation to which the Tribunal may refer a person for medical examination under section 20(2) of the Social Security Act 1998

An issue falls within this Schedule if the issue—

(a)is whether the claimant satisfies the conditions for entitlement to—

(i)an attendance allowance specified in section 64 and 65(1) of the Social Security Contributions and Benefits Act 1992(11);

(ii)severe disablement allowance under section 68 of that Act;

(iii)the care component of a disability living allowance specified in section 72(1) and (2) of that Act;

(iv)the mobility component of a disability living allowance specified in section 73(1), (8) and (9) of that Act; or

(v)a disabled person’s tax credit specified in section 129(1)(b) of that Act.

(b)relates to the period throughout which the claimant is likely to satisfy the conditions for entitlement to an attendance allowance or a disability living allowance;

(c)is the rate at which an attendance allowance is payable;

(d)is the rate at which the care component or the mobility component of a disability living allowance is payable;

(e)is whether a person is incapable of work for the purposes of the Social Security Contributions and Benefits Act 1992;

(f)relates to the extent of a person’s disablement and its assessment in accordance with Schedule 6 to the Social Security Contributions and Benefits Act 1992;

(g)is whether the claimant suffers a loss of physical or mental faculty as a result of the relevant accident for the purposes of section 103 of the Social Security Contributions and Benefits Act 1992;

(h)relates to any payment arising under, or by virtue of a scheme having effect under, section 111 of, and Schedule 8 to, the Social Security Contributions and Benefits Act 1992 (workmen’s compensation);

(i)is whether a person has limited capability for work or work-related activity for the purposes of the Welfare Reform Act 2007(12).

(1)

S.I. 1999/991. Regulation 3A was inserted by regulation 5 of the Child Support (Decision & Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185).

(2)

(3)

(4)

(5)

(6)