Child Disability Payment decision making guide
Responding to the notice of appeal
The Upper Tribunal sends:
- a copy of the notice of appeal
- any accompanying documents
to the respondent, who is the other party involved in the First-tier Tribunal’s decision.
The respondent can choose to provide a written response to the Upper Tribunal.
They must do so within 30 days of when the Upper Tribunal send a copy of the notice of appeal to the respondent.
The response must state:
- the name and address of the respondent
- the name and address of any representative of the respondent
- an address where documents for the respondent can be sent
- whether the respondent opposes the appeal
- if the respondent wants the case to be dealt with at a hearing or not
- the grounds on which the respondent opposes the appeal.
These include any grounds on which the respondent:
- was unsuccessful in the First-tier Tribunal appeal
- intends to rely on in the Upper Tribunal appeal.
If the response is provided to the Upper tribunal after the 30 day time limit, the respondent must:
- ask for an extension
- explain why the response wasn’t provided in time.
When the Upper Tribunal receives the response it must send both:
- a copy of the response
- any accompanying documents
to the party who is appealing.
The party who is appealing has 30 days to provide a written reply to the Upper
Tribunal. The 30 days starts on the day the Upper Tribunal sends a copy of the
response to the party who is appealing.
If the reply is sent to the Upper Tribunal later than the 30 days, the reply must
include both:
- a request for an extension of time
- the reason why the reply was not sent in time.
When the Upper Tribunal receives the reply it must send both:
- a copy of the reply
- any accompanying documents
to the respondent.