Appealing a process decision

Individuals who are appealing against a process decision must send their notice of appeal directly to the First-tier Tribunal. They can do this by:

• completing the Process Decision Appeal Form which is on the First-tier Tribunal (Social Security Chamber) website
• returning it to the First-tier Tribunal by post or by email.

An individual appealing a process decision has 31 calendar days from the date they are informed of the decision to request an appeal (The First-tier Tribunal for Scotland Social Security Chamber (Rules of procedure) Regulations 2018, paragraph 22(3)).

The First-tier Tribunal can consider a request for an appeal against a process decision if the individual submits it after 31 calendar days. The First-tier Tribunal must be satisfied that there is a good reason for the late application before it gives permission to allow the appeal in this case (The First-tier Tribunal for Scotland Social Security Chamber (Rules of procedure) Regulations 2018, paragraph 22(5)(a)).

No appeal request can be considered after a year has passed from the date the individual is informed of the process decision (The First-tier Tribunal for Scotland Social Security Chamber (Rules of procedure) Regulations 2018, paragraph 22(5)(b)).

The decision of the First-tier Tribunal in an appeal against a process decision or whether to give permission for a late appeal to be brought is final, meaning it cannot be appealed further (Social Security (Scotland) Act 2018, s61(4)(a)).