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Article 16 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Original text. Later amendments are not shown.

In rule 23 (cases in which the notice of appeal is to be sent to the decision maker)—

(a)

in paragraph (1) for the words from “social security” to the end of the paragraph, substitute “appeals under paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000f1 (housing benefit and council tax benefit: revisions and appeals) or under section 22 of the Child Trust Funds Act 2004f2”;

(b)

in paragraph (2) for the words “within the time specified in Schedule 1 to these Rules (time limits for providing notices of appeal to the decision maker)”, substitute—

“no later than the latest of—

(a)

in a housing benefit or council tax benefit case—

(i)

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

(ii)

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

(aa)

the end of that month; or

(ab)

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

(iii)

if the appellant made an application for revision of the decision under regulation 4(1)(a) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001f3 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;

(b)

in an appeal under section 22 of the Child Trust Funds Act 2004, the period of 30 days specified in section 23(1) of that Actf4.”;

(c)

in paragraph (3), for “paragraph (2)”, substitute “paragraph (2)(a)”;

(d)

in each of paragraphs (4), (5) and (7)(a) and (b), for “Schedule 1” substitute “paragraph (2)”;

(e)

in paragraph (8) omit “or (aa)”.

Annotations

Footnotes

f1

2000 c. 19. Paragraph 6 was amended by S.I. 2008/2833.

f2

2004 c. 6

f3

S.I. 2001/1002; regulation 4(1) has been amended by S.I. 2002/1379 and 2008/2683.

f4

Section 23(1) was amended by the Transfer of Tribunal Functions and Revenue and Customs Order 2009, S.I. 2009/56.