Applying to the First-tier Tribunal for permission to appeal to the Upper Tribunal
The First-tier Tribunal must receive an application for permission to appeal one of its decisions within 30 days of the relevant date (regulation 2(1)).
The ‘relevant date’ is the later of either the date when:
- the decision which is being appealed
- the written statement of reasons for the decision (regulation 2(3))
was sent to the party applying to appeal.
If a decision is given verbally at a Tribunal hearing, the ‘relevant date’ is when written reasons are sent to the parties (regulation 2(4)).
For this to be considered the relevant date, the written reasons must be requested either:
- at the hearing
- in writing within 14 days from the day after the last day of the hearing.
In the circumstances where either:
- the written reasons were not requested at the hearing
- the written reasons were not requested in writing within 14 days from the day after the last day of the hearing
- the Tribunal did not commit to provide written reasons at the hearing,
the ‘relevant date’ is the date of the oral hearing.
Where an application for permission to appeal is received after 30 days, the application must include:
- a request for an extension of time
- the reasons why the application was not made on time (paragraph 33(3)(a))
The First-tier Tribunal can extend the period beyond 30 days if it considers an extension is in the interests of justice (regulation 2(2)).
However, the Tribunal will not admit the application if it doesn’t extend the time period (paragraph 33(3)(b)).
Example: applying for permission to appeal when the First-tier Tribunal’s decision was given at an oral hearing
Alex:
- does not agree with the re-determination on their application for Carer Support Payment
- appeals to the First-tier Tribunal
- has their case considered at an oral hearing.
The First-tier Tribunal both:
- makes a decision
- communicates that decision to both parties at the hearing.
12 days later, Alex requests the written statement of reasons to explain the decision. This is within the 14-day period allowed. The First-tier Tribunal sends the written statement of reasons to Alex and to Social Security Scotland.
Alex now has 30 days to apply to the First-tier Tribunal for permission to appeal to the Upper Tribunal. The 30 days start on the day the First-tier Tribunal sends the written statement of reasons to the parties.
The application for permission to appeal must state the:
- decision of the First-tier Tribunal
- points of law the party wants to appeal
- result that the party is looking for (paragraph 33(2))
The First-tier Tribunal considers the application and decides if it will grant permission to appeal.
It must notify all parties of its decision as soon as reasonably practicable.
If the First-tier Tribunal refuses permission to appeal, it must explain in writing:
- the reasons for the refusal
- the appealing party’s right to apply to the Upper Tribunal for permission to appeal
how to apply and the time limits for doing that.