The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Changes over time for: Section 20

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[F1Notice of Appeal]E+W+S

20.—[F2(1) A notice of appeal made in accordance with Tribunal Procedure Rules must be made on a form approved by the relevant authority, or in such other format as the relevant authority may accept, and sent or delivered to the relevant authority.]

[F3(2) Except where paragraph (3) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the relevant authority to the sender for completion in accordance with the Tribunal Procedure Rules.]

(3) Where the relevant authority is satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal F4... to proceed, it may treat the form as satisfying the requirements of [F5Tribunal Procedure Rules].

(4) Where [F6a 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 F7... to proceed, the relevant authority may treat the letter as satisfying the requirements of [F8Tribunal Procedure Rules].

(5) Where the letter does not include sufficient information to enable the appeal F9... to proceed, the relevant authority may request, in writing, further particulars.

(6) 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 and the form or particulars, as the case may be, are received by the relevant authority within—

(a)14 days of the date on which the form was returned to him, 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 relevant authority’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request;

(c)such longer period as the relevant authority may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the relevant authority.

(7) 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 (6)—

(a)the relevant authority shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to [F10the First-tier Tribunal]; and

(b)the [F11First-tier Tribunal] shall determine whether the form or the letter satisfies the requirements of [F12Tribunal Procedure Rules.]

(8) 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 (6); and

(b)no decision has been made under paragraph (7) at the time the form or the further particulars are received by the relevant authority,

the form or further particulars shall also be forwarded to the [F13First-tier Tribunal which] shall take into account any further information or evidence set out in the form or further particulars.

(9) The relevant authority may discontinue action on an appeal where [F14the notice of appeal] has not been forwarded to the [F15First-tier Tribunal] and the appellant or an authorised representative of the appellant has given written notice that the appellant does not wish the appeal to continue.

Textual Amendments

F1Reg. 20 heading 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. 162(2)

F2Reg. 20(1) 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. 162(3)

F3Reg. 20(2) 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. 162(4)

F4Words in reg. 20(3) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 162(5)(a)

F5Words in reg. 20(3) 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. 162(5)(b)

F6Words in reg. 20(4) 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. 162(6)(a)

F7Words in reg. 20(4) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 162(6)(b)

F8Words in reg. 20(4) 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. 162(6)(c)

F9Words in reg. 20(5) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 162(7)

F10Words in reg. 20(7)(a) 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. 162(8)(a)

F11Words in reg. 20(7)(b) 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. 162(8)(b)(i)