OpenLegislation

Regulation 33 Notice of AppealF36C1

England, Wales and Scotland

F1( F2 1 )

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

(2)

F3 A notice of appeal made in accordance with Tribunal Procedure Rules and on a form approved by the Secretary of State F4 ... or the Board, as the case may be, or in such other format as the Secretary of State ... or the Board, as the case may be, accepts, is to be sent or delivered to the following appropriate office —

(a)

in the case of an appeal under the 1997 Act against a certificate of recoverable benefits F5or, as the case maybe, recoverable lump sum payments, the Compensation Recovery Unit of the F6Department for Work and Pensions at F7Durham House, Washington, Tyne and Wear, NE38 7SF;

(b)

in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the F8Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal;

(c)

in the case of a contributions decision which falls within Part II of Schedule 3 to the Act, any National Insurance Contributions office F9of the Board, or any office of the F10Department for Work and Pensions;

(F11cc)

in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;

(d)

F12 in the case of an appeal under section 20 of the Child Support Act F13 ..., an office of the Child Support Agency; and

(F14dd)

in the case of an appeal against a decision relating to working families' tax credit or disabled person’s tax credit, a Tax Credits Office of the Board, and.

(F15ddd)

in a case where the decision appealed against was a decision arising from a claim to a designated office, an office of a designated authority;

(e)

in any other case, an office of the F16Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal.

(F173)

Except where paragraph (4) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Secretary of State ... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules.

(4)

Where the Secretary of State is satisfied F18or the Board are satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal F19 ... to proceed, heF20or they may treat the form as satisfying the requirements of F21 Tribunal Procedure Rules .

(5)

Where F22 a notice of appeal is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal F23 ... to proceed, the Secretary of State F24or the Board may treat the letter as satisfying the requirements of F25 Tribunal Procedure Rules .

(6)

Where the letter does not include sufficient information to enable the appeal F26 ... to proceed, the Secretary of State or the Board may request further information in writing (“further particulars”) from the person who wrote the letter.

(F277)

Where a person to whom a form is returned, or from whom further particulars are requested, duly completes and returns the form or sends the further particulars, if the form or particulars, as the case may be, are received by the Secretary of State or the Board within—

(a)

14 days of the date on which the form was returned to him by the Secretary of State or the Board, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b)

14 days of the date on which the Secretary of State’s or the Board’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or

(c)

such longer period as the Secretary of State or the Board may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State or the Board.

(8)

Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (7)—

(a)

the Secretary of State or the Board shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to F28the First-tier Tribunal, and

(b)

the F29First-tier Tribunal shall determine whether the form or the letter satisfies the requirement of F30Tribunal Procedure Rules.

(9)

Where—

(a)

a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (7), and

(b)

no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State or the Board,

that form or further particulars shall also be forwarded to the F31First-tier Tribunal which shall take into account any further information or evidence set out in the form or further particulars.

(F32F3310)

The Secretary of State or the Board may discontinue action on an appeal where the F34notice of appeal has not been forwarded to the F35First-tier Tribunal and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.

Annotations

Textual amendments

F1

Reg. 33(1) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(3)

F2

Reg. 33 omitted (28.10.2013) by virtue of The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 4(10)(d) (with reg. 8)

F3

Words in reg. 33(2) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(4)

F4

Words in reg. 33(2)(3) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(14)

F5

Words in reg. 33(2)(a) inserted (1.10.2008) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), reg. 1(1), Sch. 2 para. 1(e) (with reg. 6)

F6

Words in reg. 33(2)(a) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(a)(i)

F7

Words in reg. 33(2)(a) substituted (4.12.2000) by Social Security (Recovery of Benefits) (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/3030), regs. 1, 4

F8

Words in reg. 33(2)(b) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(a)(ii)

F9

Words in reg. 33(2)(c) inserted (5.7.1999) by The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1662), art. 1, 3(4)

F10

Words in reg. 33(2)(c) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(a)(i)

F11

Reg. 33(2)(cc) inserted (5.7.1999) by The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1662), art. 1, 3(4)

F12

Reg. 33(2)(d) omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(7)

F13

Word in reg. 33(2)(d) omitted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by virtue of The Child Support (Consequential Amendments and Transitional Provisions) Regulations 2001 (S.I. 2001/158), regs. 1(3), 4(4); S.I. 2003/192, art. 3(1), Sch.

F14

Reg. 33(2)(dd) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(3)(b)

F15

Reg. 33(2)(ddd) inserted (3.4.2000) by The Social Security (Work-focused Interviews) Regulations 2000 (S.I. 2000/897), reg. 1, Sch. 6 para. 6 (with reg. 2(5))

F16

Words in reg. 33(2)(e) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(a)(iii)

F17

Reg. 33(3) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(5)

F18

Words in reg. 33(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(5)(a)

F19

Words in reg. 33(4) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(6)(a)

F20

Words in reg. 33(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(5)(b)

F21

Words in reg. 33(4) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(60(b)

F22

Words in reg. 33(5) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(7)(a)

F23

Words in reg. 33(5) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(7)(b)

F24

Words in reg. 33(5)-(9) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 23(4)

F25

Words in reg. 33(5) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(7)(c)

F26

Words in reg. 33(6) omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(8)

F27

Reg. 33(7) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(b)

F28

Words in reg. 33(8)(a) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(9)(a)

F29

Words in reg. 33(8)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(9)(b)(i)

F30

Words in reg. 33(8)(b) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(9)(b)(ii)

F31

Words in reg. 33(9) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(10)

F32

Reg. 33(10) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 11(c)

F33

Reg. 33(10) added (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 23

F34

Words in reg. 33(10) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(11)(a)

F35

Words in reg. 33(10) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(11)(b)

F36

Reg. 33 heading substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 123(2)

Modifications

C1

Reg. 33 applied (with modifications) (with application in accordance with art. 21(1) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (S.I. 2013/983), art. 21(2)(3)(b)

Notes on Part IV

Textual amendments

F1

Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )