The Tribunal Procedure (Amendment) Rules 2009

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685) and the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).

In relation to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rule 2 of these Rules amends the definition of “asylum support case” in order to ensure that it is clear that proceedings brought by those persons with the same appeal rights as asylum seekers are included within the definition.

In relation to the Tribunal Procedure (Upper Tribunal) Rules 2008, rules 4, 5, 7, 8, 10, 13, 14, 16 and 22 of these Rules make amendments to make provision for the Upper Tribunal to deal with cases allocated to the Finance and Tax Chamber of the Upper Tribunal. These cases could be applications made directly to the Upper Tribunal, appeals from decisions of the Tax Chamber of the First-tier Tribunal or complex cases started in the Tax Chamber of the First-tier Tribunal but transferred to the Upper Tribunal for determination.

Rules 5 to 9, 11, 12, 15, 17 to 21 and 23 of these Rules make minor amendments to correct and clarify the drafting of the Tribunal Procedure (Upper Tribunal) Rules 2008 as originally made.