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.

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