Paragraph 35 Review of a decision

(1)

A party may request a review of a decision F1... of the First-tier Tribunal on the basis of a point of law F2(unless it is an excluded decision or a process decision).

(2)

An application for a review must—

(a)

be made in writing;

(b)

be made within the period of 14 days beginning with the day on which the decision was made or the day that the written reasons were sent to the parties (if later); and

(c)

identify the alleged point or points of law on the basis of which a review is being sought.

(3)

If the First-tier Tribunal considers that the application is without merit, the First-tier Tribunal must refuse the application and inform the parties of the reasons for the refusal.

(4)

Except where the application is rejected under paragraph (3), the First-tier Tribunal must send a notice to the parties—

(a)

setting a time limit for any response to the application by the other parties and seeking the views of the parties on whether the application can be determined without a hearing; and

(b)

if the First-tier Tribunal considers it appropriate to do so, setting out its provisional views on the application.

(5)

Except where the application is rejected under paragraph (3), the decision is to be reviewed at a hearing unless the First-tier Tribunal considers, having regard to all of the responses to the notice provided under paragraph F3(4), that a hearing is not necessary in the interests of justice.

(6)

Where practicable, the review is to be undertaken by F4the legal member of the First-tier Tribunal who made the decision to which it relates.

(7)

A notice of the decision on a review F5carried out in accordance with paragraph (5) must as soon as reasonably practicable be sent by the First-tier Tribunal to each party.

(8)

F6An application for a review by the First-tier Tribunal in terms of paragraph (1) does not affect the time limit of 30 days in regulation 2(1) of the 2016 Regulations for making an application for permission to appeal.

Annotations

Textual amendments

F1: Words in sch. rule 35(1) omitted (21.12.2018) by virtue of The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(9)(a)
F2: Words in sch. rule 35(1) inserted (21.12.2018) by The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(9)(a)
F3: Word in sch. rule 35(5) substituted (21.12.2018) by The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(9)(b)
F4: Words in sch. rule 35(6) 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(7)
F5: Words in sch. rule 35(7) substituted (21.12.2018) by The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(9)(c)
F6: Words in sch. rule 35(8) substituted (21.12.2018) by The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (S.S.I. 2018/343), regs. 1, 2(9)(d)