Paragraph 20 Notice of appeal to the First-tier Tribunal against a determination of entitlement to assistance of a type provided for in Part 2 of the 2018 Act

(1)

This rule applies where an individual brings an appeal under section 46 of the 2018 Act against a determination by the Scottish Ministers of the appellant’s entitlement to social security assistance of a type described in Chapter 2 of Part 2 of the 2018 Act.

(2)

Where in this rule, and in rule 21 (response of the decision maker to a notice of appeal against a determination of entitlement), reference is made to a “notice of appeal”, this means the form provided by the Scottish Ministers under section 44 (or as the case may be section 45) of the 2018 Act, on notifying of the outcome of re-determination of entitlement, or of a failure to re-determine entitlement within the prescribed time period.

(3)

An individual must start proceedings by submitting the notice of appeal to the Scottish Ministers along with any documents which have not so far been provided to Ministers that the appellant wishes them to submit to the First-tier Tribunal in support of the appeal.

(4)

Except as provided for in paragraph (10), a notice of appeal must be received by the Scottish Ministers before the end of the period of 31 days beginning with whichever is the later of the day on which the appellant—

(a)

is informed of a determination made under section 43 of the 2018 Act, following a request for re-determination; or

(b)

is informed of the appellant’s right to appeal against the original determination made under section 37 of the 2018 Act, as a result of the failure of the Scottish Ministers to re-determine entitlement within the prescribed time period.

(5)

The notice of appeal must state—

(a)

the name and address of the appellant;

(b)

the name and address of the appellant’s representative (if any);

(c)

a postal or email address where documents for the appellant may be sent or delivered;

(d)

the determination being challenged;

(e)

the reasons for bringing the appeal;

F1(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(g)

where the notice of appeal is received after the end of the period of 31 days beginning with whichever is the later of—

(i)

the day on which the appellant is informed of a determination made under section 43 of the 2018 Act; or

(ii)

the day on which the appellant is informed of the right to appeal against the determination made under section 37 of the Act,

the reasons why the notice of appeal was not submitted sooner.

(6)

A notice of appeal and any accompanying documents may be sent by pre-paid post, by fax, or by electronic communication to such address as may be specified for receipt by the Scottish Ministers.

(7)

The Scottish Ministers must forward to the First-tier Tribunal any notice of appeal and accompanying documents submitted to them, regardless of whether the requirements set out in paragraph (5) are met, or the extent to which they are met, and inform the appellant when this has been done.

(8)

At the same time as forwarding F3the notice of appeal and any documents under paragraph (7), the Scottish Ministers must send—

F4(za)

where the individual was first awarded assistance pursuant to an application for assistance in accordance with section 37(a) of the 2018 Act (duty to make determination), a copy of the application;

(a)

a copy of the determination issued under section 43 of the 2018 Act, following a request that entitlement be re-determined; or

(b)

a copy of the determination issued under section 37 of the 2018 Act, where there has been a failure to re-determine entitlement within the prescribed time period F5and the determination under section 37 is being appealed; and

(c)

a copy of any written record of the decision under challenge.

F6(9)

Where F7a notice of appeal is received by the Scottish Ministers after the end of the period of 31 days beginning with the later of the days specified in paragraph (4)—

(a)

if the notice of appeal is received before the end of the period of one year beginning with the day on which the appellant is informed of a determination made under section 43 of the 2018 Act or, as the case may be, of the right to appeal against the determination made under section 37 of the Act, the First-tier Tribunal may give permission for the appeal to proceed, but only if satisfied that there was a good reason for the notice of appeal not having been sent or delivered to the Scottish Ministers sooner; or

(b)

if the notice of appeal is received after the end of the period of one year beginning with the day on which the appellant is informed of a determination made under section 43 of the 2018 Act or, as the case may be, of the right to appeal against the determination made under section 37 of the Act, the First-tier Tribunal must refuse to consider the notice of appeal.

(10)

The Scottish Ministers must forward a notice of appeal to the First-tier Tribunal even if one of the following situations applies—

(a)

the notice of appeal is received after the end of the period of 31 days beginning with the later of the days specified in paragraph (4), but less than one year after that day; or

(b)

the notice of appeal is received one year or more after the later of the days specified in paragraph (4).

Annotations

Textual amendments

F1: Sch. rule 20(5)(f) omitted (26.3.2020) by virtue of The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020 (S.S.I. 2020/100), regs. 1, 3(3)(a)
F2: Sch. rule 20(5)(g) substituted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 3(3)(a)
F3: Words in sch. rule 20(8) substituted (26.3.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020 (S.S.I. 2020/100), regs. 1, 3(3)(b)(i)
F4: Sch. rule 20(8)(za) inserted (26.3.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Allocation of Functions) Amendment Regulations 2020 (S.S.I. 2020/100), regs. 1, 3(3)(b)(ii)
F5: Words in sch. rule 20(8)(b) inserted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 3(3)(b)
F6: Sch. rules 20(9) (10) substituted (9.11.2020) by The First-tier Tribunal for Scotland Social Security Chamber (Procedure and Composition) Amendment Regulations 2020 (S.S.I. 2020/353), regs. 1, 3(3)(c)
F7: Word in sch. rule 20(9) inserted (24.12.2020) by The First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/476), regs. 1, 5(3)(b)