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

Citation, commencement, application and interpretation

1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and come into force on 3rd November 2008.

(2) These Rules apply to proceedings before the Tribunal which have been assigned to the Social Entitlement Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 M1 .

(3) In these Rules—

“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

“appeal” includes an application under section 19(9) of the Tax Credits Act 2002 M2 ;

“appellant” means a person who makes an appeal to the Tribunal, or a person substituted as an appellant under rule 9(1) (substitution of parties);

“asylum support case” means proceedings concerning the provision of support for an asylum seeker [F1 , a failed asylum seeker or a person designated under section 130 of the Criminal Justice and Immigration Act 2008 (designation), or the dependants of any such person];

“criminal injuries compensation case” means proceedings concerning the payment of compensation under a scheme made under the Criminal Injuries Compensation Act 1995 M3 ;

“decision maker” means the maker of a decision against which an appeal has been brought;

“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;

“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990 M4 , an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland;

“party” means—

(a)

a person who is an appellant or respondent in proceedings before the Tribunal;

(b)

a person who makes a reference to the Tribunal under section 28D of the Child Support Act 1991 M5 ;

(c)

a person who starts proceedings before the Tribunal under paragraph 3 of Schedule 2 to the Tax Credits Act 2002; or

(d)

if the proceedings have been concluded, a person who was a party under paragraph (a), (b) or (c) when the Tribunal finally disposed of all issues in the proceedings;

“practice direction” means a direction given under section 23 of the 2007 Act;

“respondent” means—

(a)

in an appeal against a decision, the decision maker and any person other than the appellant who had a right of appeal against the decision;

(b)

in a reference under section 28D of the Child Support Act 1991—

(i)

the absent parent or non-resident parent;

(ii)

the person with care; and

(iii)

in Scotland, the child if the child made the application for a departure direction or a variation;

(c)

in proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002, a person on whom it is proposed that a penalty be imposed; or

(d)

a person substituted or added as a respondent under rule 9 (substitution and addition of parties);

“Social Entitlement Chamber” means the Social Entitlement Chamber of the First-tier Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008;

“social security and child support case” means any case allocated to the Social Entitlement Chamber except an asylum support case or a criminal injuries compensation case;

“Tribunal” means the First-tier Tribunal.

Textual Amendments

F1 Words in rule 1(3) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 2

Marginal Citations

M1 S.I. 2008/2684.

M2 2002 c.21.

M3 1995 c.53.

M4 1990 c.41.

M5 1991 c.48. Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34).