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Part of Pension Age Disability Payment decision making guide


Withdrawing or deciding to stop an appeal

A party to the appeal can notify the Upper Tribunal that they want to withdraw their appeal. They can do this by:

  • sending the Upper Tribunal a notice of withdrawal
  • saying it at a hearing.

The notice of withdrawal will not take effect unless the Upper Tribunal consents to the withdrawal.

The Upper Tribunal must notify each party in writing that a withdrawal has taken effect. This is unless the Upper Tribunal is satisfied that the parties have already been notified.

The party who withdraws their appeal can apply to the Upper Tribunal for the case to be reinstated. The party must both:

  • satisfy the Tribunal that they have a good reason for this
  • apply to the Upper Tribunal in writing, explaining the reasons.

The Upper Tribunal must receive the application to reinstate the appeal within 31 days of the earlier of the following dates:

  • the day when the party who withdrew the case is presumed to have received the notification that the withdrawal has taken effect
  • the day of the hearing if the party who withdrew the case did so verbally at the hearing.
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