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.

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