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.
[F1(2) These Rules apply to proceedings before the Social Entitlement Chamber of the First-tier Tribunal.]
(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 M1;
“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[F2, 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 M2 [F3or section 47 of the Crime and Security Act 2010];
“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 [F4a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act], an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland;
“party” means—
a person who is an appellant or respondent in proceedings before the Tribunal;
a person who makes a reference to the Tribunal under section 28D of the Child Support Act 1991 M3;
a person who starts proceedings before the Tribunal under paragraph 3 of Schedule 2 to the Tax Credits Act 2002; or
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—
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;
in a reference under section 28D of the Child Support Act 1991—
the absent parent or non-resident parent;
the person with care; and
in Scotland, the child if the child made the application for a departure direction or a variation;
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; F5...
[F6an affected party within the meaning of section 61(5) of the Childcare Payments Act 2014, other than an appellant; or]
a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
F7...
“social security and child support case” means any case allocated to the Social Entitlement Chamber [F8of the First-tier Tribunal] except an asylum support case or a criminal injuries compensation case;
“Tribunal” means the First-tier Tribunal.
Textual Amendments
F1Rule 1(2) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 5(2)
F2Words in rule 1(3) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 2
F3Words in rule 1(3) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 23
F4Words in rule 1(3) substituted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (No. 43), rules 1, 3
F5Word in rule 1(3) omitted (21.8.2015) by S.I. 2015/1510, rules 1, 12
F6Words in rule 1(3) inserted (21.8.2015) by S.I. 2015/1510, rules 1, 12
F7Words in rule 1(3) omitted (1.4.2011) by virtue of The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 4(2)(a)
F8Words in rule 1(3) inserted (1.4.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 4(2)(b)
Marginal Citations
M31991 c.48. Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34).