NI260 - A guide to Revision, Supersession and Appeal (April 2006)
Claimant’s appeal
How to apply for leave to appeal
In the first instance, you must apply in writing to the clerk to the tribunal. The clerk must receive your application within one month of the date you were sent the statement of reasons. If the tribunal decision was corrected or you applied unsuccessfully for it to be set aside, the time limit does not start to run until after you were notified of the correction or the refusal to set aside. You should write a letter setting out your reasons for appealing. If you are late in making your application (see below) you should also say why you are late. [CS (D&A) Regs 1999 58].
Late applications
If you apply for leave to appeal outside the one month, you will need to explain why you are late. The chairman has power to extend the time limit and grant you leave to appeal if there are special reasons to do so.
In your own interests you should make any application as soon as possible. In any event, the chairman cannot grant you leave to appeal if you apply more than 13 months after the date the statement of reasons was given or sent to you.
Applications where you do not have a statement of reasons
Even if you have failed to apply for a statement of reasons within the time limit, you must still make an application for leave to appeal to the chairman, although this is bound to be rejected. You cannot apply to a Commissioner for leave until you have done this. The latest date for applying to the chairman is 13 months after the date the decision notice was given or sent to you.
Set aside
A tribunal chairman will look at your application. If they agree that the decision is wrong, they may set it aside and refer it to a different tribunal to re-hear. [SS Act 1998 13]
If you and the Secretary of State both apply for leave to appeal the same decision, the chairman will set it aside whether or not they think the decision is wrong.
If the decision is not set aside, the chairman will then consider whether you should be granted leave to appeal.
If the chairman grants you leave to appeal
If you are granted leave to appeal, you must then send the following to the Social Security Commissioners’ office [SS Comm (Proc) Regs 1999 12 & 13] (for information about the address):
- your appeal – please complete the special form OSSC1, which the Tribunals Service should send to you. Alternatively you can write a letter
- your decision notice
- a copy of the statement of reasons for the tribunal’s decision
- a copy of the Tribunals Service letter telling you that the chairman has granted you leave to appeal.
You must make your appeal within one month of the date you were sent notice of the chairman’s decision granting you leave to appeal. However, the Commissioner has power to accept a late appeal if there are special reasons.
If the chairman refuses you leave to appeal, does not accept your late application or rejects it because you do not have a written statement of reasons
You may renew your application for leave to appeal direct to a Commissioner. If you can, use the special form OSSC1 which the Tribunals Service should send to you. Alternatively you can write a letter.
The time limit is one month from the date you were sent notice of the chairman’s decision refusing you leave to appeal.
You should always send your application and supporting documents to the Commissioners’ office promptly. However, the Commissioners have power to accept late applications or applications that have been rejected by the Tribunals Service, if there are special reasons to do so, subject to the application being received within the absolute time limit of 13 months.
What happens when your application for leave to appeal is received by a Commissioner
You will be sent a written acknowledgement by the Commissioners’ office.
If the Commissioner grants you leave to appeal
The Commissioners’ office will let you know. They will send you a copy of the Commissioner’s ruling, which will normally give reasons for granting leave, together with a numbered set of the case papers. You do not normally have to send in a separate appeal document as your application for leave to appeal will be treated as your appeal. You will be treated as having appealed on the date you were notified that you had been granted leave. If the Commissioner decides that you must send in a separate appeal document you will be told and asked to fill in a form.
If the Commissioner refuses you leave to appeal
The Commissioners’ office will notify you and send you a copy of the Commissioner’s ruling. The Commissioner must give reasons for refusing leave to appeal. Refusals of leave can only be set aside on certain limited procedural grounds. There is no right of appeal to the courts against a refusal of leave to appeal. The only available remedy is judicial review: there is a strict three month time limit from the date of the refusal. You should consider consulting a welfare rights adviser before pursuing this remedy.
What happens to my appeal?
If you have been granted leave to appeal, your appeal form will be copied to the Secretary of State’s office in Leeds. The procedural regulations provide for the Secretary of State to comment in writing on your appeal within one month and for you to have one month to reply to what the Secretary of State has said. However the Commissioner will normally give a direction on your appeal which may vary the standard procedure in your particular case. [SS Comm (Proc) Regs 1999 18 & 19]
If you do not follow up your appeal
The Commissioner has the power to strike out an appeal (to stop the appeal continuing) if, for example, you have not answered letters on time or taken action in connection with your appeal as requested. A party to the proceedings can ask the Commissioner to consider striking-out, or the Commissioner can decide to do it. Before stopping the appeal, the Commissioner must write to you at your last known or notified address and explain that they propose to strike out your appeal. You will be given a reasonable length of time to give reasons why your appeal should continue. If the Commissioner does stop your appeal, the matter is considered closed but you can apply to have the appeal reinstated at any time. If the Commissioner considers there are good reasons for doing so, the appeal will be revived. [SS Comm (Proc) Regs 1999 5(3)].
If you want to withdraw your application for leave to appeal or your appeal
You can withdraw your application for leave to appeal to the tribunal chairman or Commissioner at any time before a decision is made. Write to the tribunal clerk or Social Security Commissioners’ office who will take all the necessary action. [SS Comm (Proc) Regs 1999 26].
If you want to withdraw your appeal, you must obtain the Commissioner’s agreement. Write to the Social Security Commissioners’ office who will take all the necessary action (for information about addresses). If you have withdrawn your application for leave to appeal or appeal, and you want the Commissioner to reinstate it, write to the Commissioner giving your reasons.
What happens if the claimant dies before a decision is made
If a claimant dies before a decision is made on the application for leave to appeal or on the appeal, the executors or administrators of the claimant’s estate may continue with it. The Commissioners’ office will ask for an official copy of the Grant of Probate or Letters of Administration. If there are no executors or administrators, the Secretary of State may appoint someone (normally the Next of kin) to continue with the application or appeal. The person who wishes to be appointed should contact the office dealing with the appeal – the Commissioner’s office or the local social security office will have the necessary details. If the application is accepted, the social security office will issue a Form of Appointment, which the Commissioners’ office will need to have a copy of. If there are no executors or administrators and no one is appointed by the Secretary of State, the case may be closed but it can be revived in the future if an executor or administrator is appointed.