Rule 22

SCHEDULE 1[F1Time Limits for providing notices of appeal in social security and child support cases where mandatory reconsideration does not apply

Textual Amendments

Type of proceedingsTime for providing notice of appeal
1Appeal against a certification of NHS charges under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003
(a)

3 months after the latest of—

(i)

the date on the certificate;

(ii)

the date on which the compensation payment was made;

(iii)

if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or

(iv)

the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death; or

(b)

if the person to whom the certificate has been issued makes an application under section 157(4) of the Health and Social Care (Community Health and Standards) Act 2003, one month after—

(i)

the date of the decision on that application; or

(ii)

if the person appeals against that decision under section 157(6) of that Act, the date on which the appeal is decided or withdrawn.

2Appeal against a waiver decision under section 157(6) of the Health and Social Care (Community Health and Standards) Act 2003One month after the date of the decision.
3Appeal against a certificate of NHS charges under section 7 of the Road Traffic (NHS Charges) Act 1999

3 months after the latest of—

(a)

the date on which the liability under section 1(2) of the Road Traffic (NHS Charges) Act 1999 was discharged;

(b)

if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued; or

(c)

the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of a traffic casualty and arising out of the injury or death.

4Appeal against a certificate of recoverable benefits under section 11 of the Social Security (Recovery of Benefits) Act 1997

One month after the latest of—

(a)

the date on which any payment to the Secretary of State required under section 6 of the Social Security (Recovery of Benefits) Act 1997 was made;

(b)

if the certificate has been reviewed, the date the certificate was confirmed or a fresh certificate was issued;

(c)

the date of any agreement to treat an earlier compensation payment as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the accident, injury or disease.

5Cases other than those listed above

The latest of—

(a)

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

(b)

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

(i)

the end of that month; or

(ii)

the date on which the written statement of reasons was provided;

(c)

if the appellant made an application for the revision of the decision under—

(i)

regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992;

(ii)

regulation 3(1) or (3) or 3A(1)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

(iii)

regulation 14(1)(a) of the Child Support Maintenance Calculation Regulations 2012; or

(iv)

regulation 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013,

and the application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant.]

Rule 25(3)

SCHEDULE 2Issues in relation to which the Tribunal may refer a person for medical examination under section 20(2) of the Social Security Act 1998

An issue falls within this Schedule if the issue—

(a)is whether the claimant satisfies the conditions for entitlement to—

(i)an attendance allowance specified in section 64 and 65(1) of the Social Security Contributions and Benefits Act 1992 M1;

(ii)severe disablement allowance under section 68 of that Act;

(iii)the care component of a disability living allowance specified in section 72(1) and (2) of that Act;

(iv)the mobility component of a disability living allowance specified in section 73(1), (8) and (9) of that Act;F2...

(v)a disabled person's tax credit specified in section 129(1)(b) of that Act.

[F3(vi)the daily living component of personal independence payment specified in section 78 of the Welfare Reform Act 2012; or

(vii)the mobility component of personal independence payment specified in section 79 of the Welfare Reform Act 2012.]

(b)relates to the period throughout which the claimant is likely to satisfy the conditions for entitlement to an attendance allowance or a disability living allowance;

(c)is the rate at which an attendance allowance is payable;

(d)is the rate at which the care component or the mobility component of a disability living allowance is payable;

(e)is whether a person is incapable of work for the purposes of the Social Security Contributions and Benefits Act 1992;

(f)relates to the extent of a person's disablement and its assessment in accordance with Schedule 6 to the Social Security Contributions and Benefits Act 1992;

(g)is whether the claimant suffers a loss of physical or mental faculty as a result of the relevant accident for the purposes of section 103 of the Social Security Contributions and Benefits Act 1992;

(h)relates to any payment arising under, or by virtue of a scheme having effect under, section 111 of, and Schedule 8 to, the Social Security Contributions and Benefits Act 1992 (workmen's compensation);

(i)is whether a person has limited capability for work or work-related activity for the purposes of the Welfare Reform Act 2007 M2[F4;

(j)is the rate at which the daily living component or mobility component of personal independence payment is payable.]

Textual Amendments

Marginal Citations