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

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CHAPTER 1Before the hearing

Cases in which the notice of appeal is to be sent to the Tribunal

22.—[F1(1) This rule applies to all cases except those to which—

(a)rule 23 (cases in which the notice of appeal is to be sent to the decision maker), or

(b)rule 26 (social security and child support cases started by reference or information in writing),

applies.]

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the Tribunal so that it is received—

(a)in asylum support cases, within 3 days after the date on which the appellant received written notice of the decision being challenged;

(b)in criminal injuries compensation cases, within 90 days after the date of the decision being challenged[F2;

(c)in appeals under the Vaccine Damage Payments Act 1979, at any time;

(d)in other cases—

(i)if mandatory reconsideration applies, within 1 month after the date on which the appellant was sent notice of the result of mandatory reconsideration;

(ii)if mandatory reconsideration does not apply, within the time specified in Schedule 1 to these Rules [F3(time limits for providing notices of appeal in social security and child support cases where mandatory reconsideration does not apply)].]

(3) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)the name and address of any respondent [F4other than the decision maker];

(e)F5...; and

(f)the grounds on which the appellant relies.

(4) The appellant must provide with the notice of appeal—

[F6(a)a copy of—

(i)the notice of the result of mandatory reconsideration, in any social security and child support case to which mandatory reconsideration applies;

(ii)the decision being challenged, in any other case;]

(b)any statement of reasons for that decision that the appellant has [F7; and]

(c)any documents in support of the appellant's case which have not been supplied to the respondent F8...

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In asylum support cases the notice of appeal must also—

(a)state whether the appellant will require an interpreter at any hearing, and if so for which language or dialect; and

(b)state whether the appellant intends to attend or be represented at any hearing.

(6) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) F10... (power to extend time)—

(a)the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b)[F11subject to paragraph (8)] unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) F10... (power to extend time) the Tribunal must not admit the notice of appeal.

(7) The Tribunal must send a copy of the notice of appeal and any accompanying documents to each other party—

(a)in asylum support cases, on the day that the Tribunal receives the notice of appeal, or (if that is not reasonably practicable) as soon as reasonably practicable on the following day;

(b)in [F12all other], as soon as reasonably practicable after the Tribunal receives the notice of appeal.

[F13(7A) [F14His Majesty’s] Revenue and Customs must, upon receipt of the notice of appeal from the Tribunal under the Childcare Payments Act 2014, inform the Tribunal whether there are any affected parties within the meaning of section 61(5) of that Act other than the appellant and, if so, provide their names and addresses.]

[F15(8) Where an appeal in a social security and child support case is not made within the time specified in paragraph (2)—

(a)it will be treated as having been made in time, unless the Tribunal directs otherwise, if it is made within not more than 12 months of the time specified and neither the decision maker nor any other respondent objects;

(b)the time for bringing the appeal may not be extended under rule 5(3)(a) by more than 12 months.

[F16(9) For the purposes of this rule, mandatory reconsideration applies where—

(a)the notice of the decision being challenged includes a statement to the effect that there is a right of appeal in relation to the decision only if the decision-maker has considered an application for the revision, reversal, review or reconsideration (as the case may be) of the decision being challenged; or

(b)the appeal is brought against a decision made by [F17His Majesty’s] Revenue and Customs.]]

Textual Amendments

Cases in which the notice of appeal is to be sent to the decision maker

23.—[F18(1) This rule applies to [F19appeals under paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit: revisions and appeals) or under section 22 of the Child Trust Funds Act 2004].]

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received F20[F21... —

(a)in a housing benefit or council tax benefit case [F22, no later than the latest of]—

one month after the date on which notice of the decision being challenged was sent to the appellant;

(ii)if a written statement of reasons for the decision was requested within that month, 14 days after the later of—

(aa)the end of that month; or

(ab)the date on which the written statement of reasons was provided; or

(iii)if the appellant made an application for revision of the decision under regulation 4(1)(a) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 and that application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant;

(b)in an appeal under section 22 of the Child Trust Funds Act 2004, the period of 30 days specified in section 23(1) of that Act.]

(3) If the appellant provides the notice of appeal to the decision maker later than the time required by [F23paragraph (2)(a)] the notice of appeal must include the reason why the notice of appeal was not provided in time.

(4) Subject to paragraph (5), where an appeal is not made within the time specified in [F24paragraph (2)], it will be treated as having been made in time [F25if neither the decision maker nor any other respondent objects].

(5) No appeal may be made more than 12 months after the time specified in [F26paragraph (2)].

(6) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a)the name and address of the appellant;

(b)the name and address of the appellant's representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)details of the decision being appealed; and

(e)the grounds on which the appellant relies.

(7) The decision maker must refer the case to the Tribunal immediately if—

(a)the appeal has been made after the time specified in [F27paragraph (2)] and the decision maker [F28or any other respondent] objects to it being treated as having been made in time; or

(b)the decision maker considers that the appeal has been made more than 12 months after the time specified in [F29paragraph (2)].

[F30(8)  Notwithstanding rule 5(3)(a) F31... (case management powers) and rule 7(2) (failure to comply with rules etc. ), the Tribunal must not extend the time limit in paragraph (5). ]

Textual Amendments

Modifications etc. (not altering text)

Responses and replies

24.—[F32(1) When a decision maker receives a copy of a notice of appeal from the Tribunal under rule 22(7), the decision maker must send or deliver a response to the Tribunal—

(a)in asylum support cases, so that it is received within 3 days after the date on which the Tribunal received the notice of appeal;

(b)in—

(i)criminal injuries compensation cases, or

(ii)appeals under the Child Support Act 1991,

within 42 days after the date on which the decision maker received the copy of the notice of appeal; and

(c)in other cases, within 28 days after the date on which the decision maker received the copy of the notice of appeal.

(1A) Where a decision maker receives a notice of appeal from an appellant under rule 23(2), the decision maker must send or deliver a response to the Tribunal so that it is received as soon as reasonably practicable after the decision maker received the notice of appeal.]

(2) The response must state—

(a)the name and address of the decision maker;

(b)the name and address of the decision maker's representative (if any);

(c)an address where documents for the decision maker may be sent or delivered;

(d)the names and addresses of any other respondents and their representatives (if any);

(e)whether the decision maker opposes the appellant's case and, if so, any grounds for such opposition which are not set out in any documents which are before the Tribunal; and

(f) any further information F33 ... required by a practice direction or direction.

(3) The response may include a submission as to whether it would be appropriate for the case to be disposed of without a hearing.

(4) The decision maker must provide with the response—

(a)a copy of any written record of the decision under challenge, and any statement of reasons for that decision, if they were not sent with the notice of appeal;

(b)copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and

(c)in cases to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and (if they have not otherwise been provided to the Tribunal) the name and address of the appellant's representative (if any).

(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal within 1 month after the date on which the decision maker sent the response to the party providing the reply, and the Tribunal must send a copy to each other party.

Textual Amendments

F33 Words in rule 24(2)(f) omitted (1.10.2014) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(b) , 27(b)

Medical and physical examination in appeals under section 12 of the Social Security Act 1998

25.—(1) This rule applies only to appeals under section 12 of the Social Security Act 1998.

(2) At a hearing an appropriate member of the Tribunal may carry out a physical examination of a person if the case relates to—

(a)the extent of that person's disablement and its assessment in accordance with section 68(6) of and Schedule 6 to, or section 103 of, the Social Security Contributions and Benefits Act 1992 M1; or

(b)diseases or injuries prescribed for the purpose of section 108 of that Act.

(3) If an issue which falls within Schedule 2 to these Rules (issues in relation to which the Tribunal may refer a person for medical examination) is raised in an appeal, the Tribunal may exercise its power under section 20 of the Social Security Act 1998 to refer a person to a health care professional approved by the Secretary of State for—

(a)the examination of that person; and

(b)the production of a report on the condition of that person.

(4) Neither paragraph (2) nor paragraph (3) entitles the Tribunal to require a person to undergo a physical test for the purpose of determining whether that person is unable to walk or virtually unable to do so.

Marginal Citations

Social security and child support cases started by reference or information in writing

26.—(1) This rule applies to proceedings under section 28D of the Child Support Act 1991 and paragraph 3 of Schedule 2 to the Tax Credits Act 2002.

(2) A person starting proceedings under section 28D of the Child Support Act 1991 must send or deliver a written reference to the Tribunal.

(3) A person starting proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002 must send or deliver an information in writing to the Tribunal.

(4) The reference or the information in writing must include—

(a)an address where documents for the person starting proceedings may be sent or delivered;

(b)the names and addresses of the respondents and their representatives (if any); and

(c)a submission on the issues that arise for determination by the Tribunal.

(5) Unless a practice direction or direction states otherwise, the person starting proceedings must also provide a copy of each document in their possession which is relevant to the proceedings.

(6) Subject to any obligation under rule 19(3) (confidentiality in child support cases), the person starting proceedings must provide a copy of the written reference or the information in writing and any accompanying documents to each respondent at the same time as they provide the written reference or the information in writing to the Tribunal.

(7) Each respondent may send or deliver to the Tribunal a written submission and any further relevant documents within one month of the date on which the person starting proceedings sent a copy of the written reference or the information in writing to that respondent.

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