F41 PART IV RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS
CHAPTER IGENERAL
GENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS
Other persons with a right of appeal25
For the purposes of F42section 12(2)F100, but subject to regulation 3ZA, the following other persons have a right to appeal to F47the First-tier Tribunal—
F18ai
any person who has been appointed by the Secretary of State or the Board under regulation 30(1) of the Claims and Payments Regulations (payments on death) to proceed with the claim of a person who has made a claim for benefit and subsequently died;
aii
any person who is appointed by the Secretary of State to claim benefit on behalf of a deceased person and who claims the benefit under regulation 30(5) and (6) of the Claims and Payments Regulations;
aiii
any person who is appointed by the Secretary of State to make a claim for reduced earnings allowance or disablement benefit in the name of a person who has died and who claims under regulation 30(6A) and (6B) of the Claims and Payments Regulations;
a
any person appointed by the Secretary of State F3or the Board under regulation 33(1) of the Claims and Payments Regulations (persons unable to act) to act on behalf of another;
b
any person claiming attendance allowance or disability living allowance on behalf of another under section 66(2)(b) of the Contriburions and Benefits Act or, as the case may be, section 76(3) of that Act (claims on behalf of terminally ill persons);
c
in relation to a pension scheme, any person who, for the purposes of Part X of the Pension Schemes Act 1993 M1 , is an employer, member, trustee or manager by virtue of section 146(8) of that Act.
Decisions against which an appeal lies26
F101Subject to regulation 3ZA, an appeal shall lie to F48the First-tier Tribunal against a decision made by the Secretary of State F4or an officer of the Board—
a
as to whether a person is entitled to a relevant benefit for which no claim is required by virtue of regulation 3 of the Claims and Payments Regulations M2 ; or
b
as to whether a payment be made out of the social fund to a person to meet expenses for heating by virtue of regulations made under section 138(2) of the Contributions and Benefits Act (payments out of the social fund); F13or
c
under Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) in relation to sections 103 (disablement benefit) and 108 (prescribed diseases) of that Act for the purposes of industrial injuries benefit under Part V of that ActF17;or
d
under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative workF89; or
e
under, or by virtue of regulations made under, section 23A (contributions credits for relevant parents and carers) of the Contributions and Benefits Act.
Decisions against which no appeal lies27
1
No appeal lies to F49the First-tier Tribunal against a decision set out in Schedule 2.
2
In paragraph (1) and Schedule 2, “decision” includes determinations embodied in or necessary to a decision.
F50 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of decision against which appeal lies28
1
A person with a right of appeal under the Act or these Regulations against any decision of the Secretary of State F5or the Board or an officer of the Board shall—
a
be given written notice of the decision against which the appeal lies;
b
be informed that, in a case where that written notice does not include a statement of the reasons for that decision, he may, within one month of the date of notification of that decision, request that the Secretary of State F5or the Board or an officer of the Board provide him with a written statement of the reasons for that decision; and
c
be given written notice of his right of appeal against that decision.
2
Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the Secretary of State F5or the Board or an officer of the Board shall provide that statement within 14 days of receipt of the request F43or as soon as practicable afterwards.
F51 Further particulars required relating to certificate of recoverable benefits F45 or, as the case may be, recoverable lump sum payments appeals ... 29
F521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F533
F102Where it appears to the Secretary of State that a notice of appeal in respect of an appeal under the 1997 Act relating to a certificate of recoverable benefits or, as the case may be, recoverable lump sum payments does not contain the particulars required, the Secretary of State may direct the appellant to provide such particulars.
4
5
F1036
The Secretary of State may treat any—
a
purported appeal (where, as the result of regulation 9ZB(2) (consideration of review before appeal), there is no right of appeal);
b
appeal relating to the certificate of recoverable benefits; or
c
appeal relating to the certificate of recoverable lump sum payments,
as an application for review under section 10 of the 1997 Act.
GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS
Appeal against a decision which has been F95F31replaced or revised30
1
F96An appeal against a decision of the Secretary of State F90... F6or the Board or an officer of the Board shall not lapse where the decision F32is 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 F33replaced or revised is not more advantageous to the appellant than the decision before it was F34replaced or revised.
F96An 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;
F44dd
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 M3 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
F97Where a decision as F35replaced 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 F36replaced or revised, the appeal shall be treated as though it had been brought against the decision as F37replaced or revised.
F97Where 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
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 F56First-tier Tribunal shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F91... F7or the Board or an officer of the Board further revises hisF8, or revise their, decision and that decision is more advantageous to the appellant than the decision before it was F98F39replaced or revised.
F30Appeals to F57the First-tier Tribunal in child support cases30A
F88Section 20 of the Child Support Act shall apply to any decision F87of 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. F87of 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.
Time within which an appeal is to be broughtF58 31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Late appealsC1C2C5C8 32
F104F591
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 F92... 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.
F604
An appeal may be treated as made in time if the Secretary of StateF93... 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 F61treat the appeal as made in time unlessF20, 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
F62
...; or
b
some other special circumstances exist which are wholly exceptional and relevant
F62
...,
6
For the purposes of paragraph (5)(a), the special circumstances are that—
a
b
the F64appellant 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 F65treat the appeal as made in time, F23regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time F66limit 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 F67treat 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 F68Tribunal Procedure Rules); or
b
that F69the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.
F70
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F71Notice of AppealC933
2
F73
A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State
F94
... or the Board, as the case may be, or in such other format as the Secretary of State
F94
... or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office
—
a
b
in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the F26Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal;
c
F2cc
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
F107dd
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.
F12ddd
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 F27Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal.
F743
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
F94
... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules.
4
Where the Secretary of State is satisfied F108or the Board are satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal
F75
... to proceed, heF109or they may treat the form as satisfying the requirements of
F76
Tribunal Procedure Rules
.
5
Where
F77
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
F78
... to proceed, the Secretary of State F110or the Board may treat the letter as satisfying the requirements of
F79
Tribunal Procedure Rules
.
6
F287
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
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 F110or the Board,
that form or further particulars shall also be forwarded to the F84First-tier Tribunal which shall take into account any further information or evidence set out in the form or further particulars.
Death of a party to an appealC4C3C6C7C10 34
F1061
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 F10or the Board shall be the day immediately prior to the first day on which such action was taken.
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 )