Part IDecisions and Appeals

C1C2C4C5C6C8C9C10C11C13C14C16C17C19Chapter IISocial Security Decisions and Appeals

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)

C2

Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C8

Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C9

Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)

C11

Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C13

Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2

C14

Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C17

Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2

Appeals

C3I2I3I4C7I5I6C12C15C1815F1Applications for permission to appeal against a decision of the Upper Tribunal

F21

Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.

I12

No appeal under this section shall lie from a decision except—

a

with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

b

if he refuses leave, with the leave of the appropriate court.

I13

F3An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under section 12 or 13 may only be made by—

a

a person who, before the proceedings before the F4Upper Tribunal were begun, was entitled to appeal to the F4Upper Tribunal from the decision to which the F5Upper Tribunal’s decision relates;

b

any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;

c

any other person who is authorised by regulations to apply for F6permission;

F7and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.

F84

On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court—

a

the Court of Appeal if it appears to him that the relevant place is in England or Wales;

b

the Court of Session if it appears to him that the relevant place is in Scotland; and

c

the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,

except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.

5

In this section—

  • “the appropriate court”, except in subsection (4) above, means the court specified in pursuance of that subsection;

  • “the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the person or authority whose decision was the subject of the Commissioner’s decision usually exercises his or its functions.