Rule 5 Amendment to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008I1

United Kingdom

(1)

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008^f1 are amended as follows.

(2)

For rule 1(2) (interpretation) substitute—

“(2)
These Rules apply to proceedings before the Social Entitlement Chamber of the First-tier Tribunal.”.

(3)

In rule 8(8) (striking out a party’s case), at the end, insert “and may summarily determine any or all issues against that respondent”.

(4)

In Schedule 1 (time limits for providing notices of appeal to the decision maker), which lists in the first column the type of proceeding and, in the second column, the time for providing notice of appeal, for the first entry in the Table, substitute—

“

(a)
S.I. 1992/1813

(b)
S.I. 1999/991. Regulation 3A was inserted by regulation 5 of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185).

(c)
S.I. 2001/1002

Cases other than those listed below.
The latest of—
(a)

one month after the date on which notice of the decision being challenged was sent to the appellant;

(b)

if a written statement of reasons for the decision was requested within that month, 14 days after the later of—

(i)

the end of that month; or

(ii)

the date on which the written statement of reasons was provided; or

(c)

if the appellant made an application for revision of the decision under—

(i)

regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992^f2,

(ii)

regulation 3(1) or (3) or 3A(1) of the Social Security and Child Support (Decision and Appeals) Regulations 1999^f3, or

(iii)

regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001^f4,

and that application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant.

”.

Annotations

Commencement

I1: Rule 5 in force at 29.11.2010, see rule 1

Footnotes

f1

S.I. 2008/2685, as amended by S.I. 2009/1975. There are other amendments but none is relevant.

f2

(a)

S.I. 1992/1813

f3

(b)

S.I. 1999/991. Regulation 3A was inserted by regulation 5 of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185).

f4

(c)

S.I. 2001/1002

(a) S.I. 1992/1813
(b) S.I. 1999/991. Regulation 3A was inserted by regulation 5 of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185).
(c) S.I. 2001/1002
Cases other than those listed below.	The latest of— (a) one month after the date on which notice of the decision being challenged was sent to the appellant; (b) if a written statement of reasons for the decision was requested within that month, 14 days after the later of— (i) the end of that month; or (ii) the date on which the written statement of reasons was provided; or (c) if the appellant made an application for revision of the decision under— (i) regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992^f2, (ii) regulation 3(1) or (3) or 3A(1) of the Social Security and Child Support (Decision and Appeals) Regulations 1999^f3, or (iii) regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001^f4, and that application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant.