Child Disability Payment decision making guide
Notice of appeal
If the First-tier Tribunal gives permission to appeal, the appealing party has 30 days to send a ‘notice of appeal’ to the Upper Tribunal. The 30 days starts when the party is presumed to have received permission to appeal (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 4(1)).
The appealing party should send a notice of appeal by completing the ‘Upper Tribunal Appeal and Permission Request Form’ on the Upper Tribunal’s website. A notice of appeal must include all of the following (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 4(2) and 4(3)):
- identify the decision being appealed
- any written record of the First-tier Tribunal’s decision being appealed
- the points of law which the party wants to appeal
- the views of the party on if the appeal should include a hearing
- any separate written statement of reasons for the decision
- the notice of permission to appeal.
The Upper Tribunal must send a copy of (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 4(4)):
- the notice
- any accompanying documents
to the other party who is responding to the appeal. This party is known as the respondent.
A notice of appeal lodged after the 30 day time limit must include (The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018, Schedule, para 4(5)):
- a request for an extension of the time limit
- the reasons why the notice was late
- the reasons why the extension is in the interests of justice.
The Upper Tribunal does not admit the notice of appeal if it does not extend the time limit.
A valid notice of appeal is provided to the Upper Tribunal if the Upper Tribunal gives permission to appeal against a decision of the First-tier Tribunal.
The First-tier Tribunal has refused Social Security Scotland’s application for permission to appeal the First-tier Tribunal’s decision.
Social Security Scotland applies to the Upper Tribunal to ask for permission to appeal. It does this by:
- completing and sending the Upper Tribunal Appeal and Permission Request Form on the Upper Tribunal’s website
- including details of the First-tier Tribunal’s decision
- including the point of law it wants to challenge
- including the written statement of reasons
- including the notice from the First-tier Tribunal refusing permission to appeal.
The Upper Tribunal considers the application for permission to appeal and gives their permission.
Social Security Scotland does not have to:
- provide a separate notice of appeal
- complete another form
for the appeal to go ahead.
Social Security Scotland has provided a valid notice of appeal to the Upper Tribunal in these circumstances.