Paragraph 7 Dismissal of a party’s case

(1)

The First-tier Tribunal must dismiss the whole or a part of the proceedings if the Tribunal—

(a)

does not have jurisdiction in relation to the proceedings or that part of them; and

(b)

does not exercise its power under rule 4(3)(k) (transfer to another court or tribunal) in relation to the proceedings or that part of them.

(2)

The First-tier Tribunal may dismiss the whole or a part of the proceedings if—

(a)

the appellant has failed to comply with an order which stated that failure by the appellant to comply with the order could lead to the dismissal of the proceedings or part of them;

(b)

the appellant has failed to co-operate with the First-tier Tribunal to such an extent that the First-tier Tribunal considers that it cannot deal with the proceedings fairly and justly; or

(c)

where relevant, there is no possibility of the eligibility criteria being met for the particular form of assistance to which the proceedings relate.

(3)

The First-tier Tribunal may not dismiss the whole or a part of the proceedings under paragraph (1) or (2)(b) without first giving the appellant an opportunity to make representations in relation to the proposed dismissal.

(4)

If the proceedings, or part of them, have been dismissed under paragraph (2)(a), the appellant may apply for the proceedings, or part of them, to be reinstated, where the appellant can satisfy the Tribunal that the appellant has good reason F1for the failure to comply.

(5)

An application under paragraph (4) must be made in writing and received by the First-tier Tribunal within the period of 31 days beginning with the day on which notification of the dismissal sent to the appellant under paragraph (9) is presumed to have been received by the appellant.

(6)

An application under paragraph (4) must set out the reasons on which the appellant relies in applying for reinstatement.

(7)

This rule applies to a respondent as it applies to an appellant except that—

(a)

a reference to the dismissal of the proceedings is to be read as a reference to the barring of the respondent from taking further part in the proceedings; and

(b)

a reference to an application for the reinstatement of proceedings which have been dismissed is to be read as a reference to an application for the lifting of the bar on the respondent from taking further part in the proceedings.

(8)

If the respondent has been barred from taking further part in proceedings under this rule and that bar has not been lifted, the First-tier Tribunal need not consider any response or other submission made by the respondent.

(9)

The First-tier Tribunal must notify each party in writing that dismissal has taken place.

Annotations

Textual amendments

F1: Words in sch. rule 7(4) 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(2)