The Social Security and Child Support (Decisions and Appeals) Regulations 1999 No. 991

F1 PART IV E+W+S RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

Textual Amendments

F1 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 )

CHAPTER IE+W+SGENERALGENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALSE+W+S

[F2Notice of Appeal]E+W+S

33.— F3 [F4( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F5 A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State F6 ... or the Board, as the case may be, or in such other format as the Secretary of State F6 ... or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office ] —

(a)in the case of an appeal under the 1997 Act against a certificate of recoverable benefits [F7or, as the case maybe, recoverable lump sum payments], the Compensation Recovery Unit of the [F8Department for Work and Pensions] at [F9Durham House, Washington, Tyne and Wear, NE38 7SF];

(b)in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the [F10Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal];

(c)in the case of a contributions decision which falls within Part II of Schedule 3 to the Act, any National Insurance Contributions office [F11of the Board, or any office of the [F12Department for Work and Pensions]];

[F13(cc)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)[F14 in the case of an appeal under section 20 of the Child Support Act F15 ..., an office of the Child Support Agency; and ]

[F16(dd)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.]

[F17(ddd)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 [F18Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal].

[F19(3) 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 F6 ... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules. ]

(4) Where the Secretary of State is satisfied [F20or the Board are satisfied] that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal F21 ... to proceed, he[F22or they] may treat the form as satisfying the requirements of [F23 Tribunal Procedure Rules ] .

(5) Where [F24 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 F25 ... to proceed, the Secretary of State [F26or the Board] may treat the letter as satisfying the requirements of [F27 Tribunal Procedure Rules ] .

(6) Where the letter does not include sufficient information to enable the appeal F28 ... to proceed, the Secretary of State [F26or the Board] may request further information in writing (“further particulars”) from the person who wrote the letter.

[F29(7) 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)the Secretary of State [F26or the Board] shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to [F30the First-tier Tribunal], and

(b)the [F31First-tier Tribunal] shall determine whether the form or the letter satisfies the requirement of [F32Tribunal Procedure Rules.]

(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 [F26or the Board],

that form or further particulars shall also be forwarded to the [F33First-tier Tribunal which] shall take into account any further information or evidence set out in the form or further particulars.

[F34[F35(10) The Secretary of State or the Board may discontinue action on an appeal where the [F36notice of] appeal has not been forwarded to the [F37First-tier Tribunal] and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.]]]