Article 23 Cases in which the notice of appeal is to be sent to the decision makerC1
This rule applies to F2appeals under paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (housing benefit and council tax benefit: revisions and appeals) or under section 22 of the Child Trust Funds Act 2004.
An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received F3F4... —
in a housing benefit or council tax benefit case F5, no later than the latest of—
one month after the date on which notice of the decision being challenged was sent to the appellant;
if a written statement of reasons for the decision was requested within that month, 14 days after the later of—
the end of that month; or
the date on which the written statement of reasons was provided; or
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 2001 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;
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 Act.
If the appellant provides the notice of appeal to the decision maker later than the time required by F6paragraph (2)(a) the notice of appeal must include the reason why the notice of appeal was not provided in time.
No appeal may be made more than 12 months after the time specified in F9paragraph (2).
The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—
the name and address of the appellant;
the name and address of the appellant's representative (if any);
an address where documents for the appellant may be sent or delivered;
details of the decision being appealed; and
the grounds on which the appellant relies.
The decision maker must refer the case to the Tribunal immediately if—
the decision maker considers that the appeal has been made more than 12 months after the time specified in F12paragraph (2).
Annotations
Textual amendments
- F1
Rule 23(1) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 26
- F2
Words in rule 23(1) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(a)
- F3
Words in rule 23(2) omitted (30.10.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 2(2)(a)
- F4
Words in rule 23(2) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(b)
- F5
Words in rule 23(2)(a) inserted (30.10.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 2(2)(b)
- F6
Words in rule 23(3) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(c)
- F7
Words in rule 23(4) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)
- F8
Words in rule 23(4) substituted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 4(2)(a)
- F9
Words in rule 23(5) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)
- F10
Words in rule 23(7)(a) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)
- F11
Words in rule 23(7)(a) inserted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 4(2)(b)
- F12
Words in rule 23(7)(b) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)
- F13
Rule 23(8) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 3
- F14
Words in rule 23(8) omitted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(e)
Modifications
- C1
Rule 23 applied (with modifications) by S.I. 2002/1915, art. 5 (as 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. 181)