The First-tier Tribunal must receive an application for permission to appeal one of its decisions within 30 days of the relevant date (The Scottish Tribunals (Time Limits) Regulations 2016, regulation 2(1)).

The ‘relevant date’ is the later of either the date when (The Scottish Tribunals (Time Limits) Regulations 2016, regulation 2(3)):

• the decision which is being appealed
• the written statement of reasons for the decision was sent to the party applying to appeal.

If a decision is given verbally at a Tribunal hearing, the ‘relevant date’ is when written reasons are sent to the parties (The Scottish Tribunals (Time Limits) Regulations 2016, regulation 2(4)). For this to be considered the relevant date, the written reasons must be requested either:

• at the hearing
• in writing within 14 days from the day after the last day of the hearing.

In the circumstances where either :

• the written reasons were not requested at the hearing
• the written reasons were not requested in writing within 14 days from the day after the last day of the hearing
• the Tribunal did not commit to provide written reasons at the hearing,the ‘relevant date’ is the date of the oral hearing.

Where an application for permission to appeal is received after 30 days, the application must include:

• a request for an extension of time
• the reasons why the application was not made on time (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 33(3)(a))

The First-tier Tribunal can extend the period beyond 30 days if it considers an extension is in the interests of justice (The Scottish Tribunals (Time Limits) Regulations 2016, regulation 2(2)). However, the Tribunal will not admit the application if it doesn’t extend the time period (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, Schedule, para 33(3)(b)).

The application for permission to appeal must state the (The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018, para 33(2)):

• decision of the First-tier Tribunal
• points of law the party wants to appeal
• result that the party is looking for.

The First-tier Tribunal considers the application and decides if it will grant permission to appeal.

It must notify all parties of its decision as soon as reasonably practicable.

If the First-tier Tribunal refuses permission to appeal it must explain in writing:

• the reasons for the refusal
• the appealing party’s right to apply to the Upper Tribunal for permission to appeal
• how to apply and the time limits for doing that.