NI260 - A guide to Revision, Supersession and Appeal (April 2006)
At the hearing
- Oral and paper hearings
- Arranging the date for an oral hearing
- Medical evidence
- Appeal tribunal decisions
- What to do if you think the tribunal’s decision is wrong
Oral and paper hearings
The pre-hearing enquiry form will ask you if you want an oral or a paper hearing and you must say which one you want. Failure to respond within 14 days may mean that our appeal is struck out. [SSCS (D&A) Regs 1999 39]. Please see ‘Reinstatement of struck out appeals’ above.
A paper hearing is a hearing where the appeal is decided on the basis of the submission and any written comments or additional information you have provided.
An oral hearing is a hearing where you and your representative, if you have one, attend the hearing. Even if you have not asked for one, a legally qualified panel member can decide to hold an oral hearing. You will be given notice of this decision and will be invited to attend.
Arranging the date for an oral hearing
The pre-hearing enquiry form will ask you (and your representative if you have one) to provide dates when you will not be available to attend an oral hearing. The clerk will take account of this when arranging your appeal.
At least 14 days before the hearing, you will be sent a written notice of the date, time and place. If you said on the pre-hearing enquiry form that you do not want the 14 days’ notice, your appeal may be heard earlier if there is a last minute slot in the appeals listings.
If you find that you are not able to make the date for the hearing, you can ask for the hearing to be postponed. The clerk may agree to postpone the hearing, in exceptional cases. You should write to the clerk to the tribunal as soon as possible explaining in detail why you need the hearing to be postponed. [SSCS (D&A) Regs 1999 51]
If your request to postpone the hearing is not granted, you will be told and the hearing will go ahead without you. Your request and the letter refusing the postponement will be made available to the tribunal deciding your appeal. If you asked for the postponement because, for example, you are still gathering more evidence, you may want to attend the hearing to ask for an adjournment. [SSCS (D&A) Regs 1999 51(2)]
The Tribunals Service may need to cancel the hearing. If this happens, the clerk will write to you and will arrange another date. [SSCS (D&A) Regs 1999 51(3) and (4)]
If you do not attend the hearing as planned, the tribunal may decide to hear the appeal without you.
The tribunal
Your appeal will be heard by a tribunal composed of three, two or one panel members who have the necessary expertise to decide your appeal. [SSCS (D&A) Regs 1999 36]
The composition and expertise of the tribunal hearing your case will depend on the issues raised in your appeal.
| A three person tribunal of: | will hear appeals about: |
|---|---|
a legally qualified panel member |
Attendance Allowance (AA) |
a medically qualified panel member |
Disability Living Allowance (DLA) |
a panel member with experience of disability |
Working Tax Credit (disability element) |
| A two person tribunal of: | will hear appeals about: |
|---|---|
a legally qualified panel member |
Personal Capability Assessment |
a medically qualified panel member |
Industrial Injuries Disablement Benefit (IIDB) |
Severe Disablement Allowance (SDA) |
|
Vaccine Damage Payments |
|
| Child Tax Credit (where the question relates to whether a child satisfies the disabled criteria.) |
A second medically qualified panel member may be appointed in addition to the two panel members to hear complex IIDB, SDA or Vaccine Damage Payment appeals.
| A two person tribunal of: | will hear appeals about: |
|---|---|
a legally qualified panel member |
which raise difficult financial issues, such as complex profit and loss accounts, income and revenue accounts and accounts of trusts funds |
a medically qualified panel member |
| A one person tribunal of: | will hear appeals about: |
|---|---|
a legally qualified panel member |
all other appeals |
For the purposes of this leaflet, a legally qualified panel member is referred to as a tribunal chairman.
What happens during the hearing
The tribunal chairman will introduce everyone and outline what will happen. Everyone will be given the opportunity to put relevant information and evidence to the tribunal who will ask relevant questions.
The chairman may ask anyone giving evidence to give evidence on oath or affirmation. [SSCS (D&A) Regs 1999 43(5)]
The presenting officer
A presenting officer may attend the hearing. Their role is to help the tribunal to assess accurately the facts, relevant law and decisions of the Commissioner. They act as ‘a friend of the Court’ (this is sometimes called an ‘amicus curiae’). The presenting officer is unlikely to be the person who made the original decision.
Representation and witnesses
You can be represented at the hearing by any person you feel can best put forward your views. That person does not need to have legal qualifications. If you feel you need support, you may bring someone with you. If you need the help of a signer or an interpreter, you should complete the section on the pre-hearing enquiry form. The Tribunals Service will arrange for an independent professional to assist you. [SSCS (D&A) Regs 1999 49(8)]
Even if you are being represented at the hearing, you should still consider attending. If you attend an oral hearing you will have the advantage of being able to deal with any questions or issues which may arise. [SSCS (D&A) Regs 1999 49(11) & 43]
You or your representative can call and question witnesses, but you do not have the right to insist that a witness attends. Only the chairman of the tribunal can summons a witness. If you think someone can give evidence to help the tribunal make its decision, write to the clerk to the tribunal. You should provide information about the witness and details of why you think their evidence would be helpful.
Expert witnesses
The tribunal members will have the necessary expertise to decide your appeal. If your appeal raises a question of special difficulty, the tribunal chairman may request the help of an expert witness. This will be someone drawn from the panel of tribunal members. [SS Act 1998 7(4) SSCS (D&A) Regs 1999 52]
Other people at the hearing
Appeal hearings are open to the public, but the chairman may decide to hold the hearing in private, for example, for the protection of your private or family life. [SSCS (D&A) Regs 1999 49(6)]
Where a hearing is in private, members of the public will be excluded. The people allowed to be present or take part in the hearing are parties to the appeal, including witnesses, the panel members hearing the case and the clerk to the tribunal. [SSCS (D&A) Regs 1999 49(6) & (10)]
The other people who are allowed to be present are:
- the President of appeal tribunals
- trainee panel members or clerks
- panel members asked by the President to supervise training or monitor standards
- members of the Council on Tribunals or the Scottish Committee of the Council on Tribunals
- any person assisting the tribunal or the clerk
- with the permission of the chairman, any other person
Evidence
The tribunal need not consider anything not raised by the appeal. So make sure that your appeal includes all the points you wish to dispute. [SS Act 1998 12(8)]
The tribunal will only consider the circumstances that existed at the time the decision you are appealing against was made. Changes of circumstances that happen after the decision you are appealing against was made will not be taken into account.
If your claim has been refused but your circumstances change, you should make a new claim at your social security office or Jobcentre without waiting for the tribunal to decide your appeal.
Adjournments
It may be necessary for the hearing to be adjourned, for example to allow new evidence to be looked at. The tribunal may decide to adjourn if it is appropriate. [SSCS (D&A) Regs 1999 54(4)]
Any party to the appeal can ask the tribunal to agree an adjournment at any time during the oral hearing.