Paragraph 23 Appeal to First-tier Tribunal against process decisions

(1)

An individual may appeal to the First-tier Tribunal for Scotland against a decision by the Scottish Ministers—

(a)

to reject something purporting to be an application for assistance (see paragraph 1)),

(b)

that something purporting to be a request for a re-determination does not satisfy the condition in paragraph 14(4),

(c)

that an individual has no good reason for not requesting a re-determination sooner (see paragraph 15).

(2)

An appeal under this paragraph—

(a)

may be brought without the First-tier Tribunal’s permission within the period of 31 days beginning with the day the individual was informed of the decision in accordance with these Regulations,

(b)

may be brought only with the First-tier Tribunal’s permission after the period mentioned in sub-paragraph (2)(a),

(c)

may not be brought after the end of the period of one year beginning with the day the individual was informed of the decision in accordance with these Regulations.

(3)

The First-tier Tribunal may give permission under sub-paragraph (2)(b) for an appeal to be made only if it is satisfied that there is a good reason for the appeal not having been made sooner.

(4)

A decision by the First-tier Tribunal about—

(a)

the outcome of an appeal under this paragraph, or

(b)

whether to give permission under sub-paragraph (2)(b) for an appeal to be brought,

is final.

(5)

Accordingly (and without prejudice to the generality of sub-paragraph (4)), any such decision by the First-tier Tribunal may be neither—

(a)

reviewed under section 43 of the Tribunals (Scotland) Act 2014^f1, nor

(b)

appealed against under section 46 of that Act.

Annotations

Footnotes

f1: 2014 asp 10.