After you have made an appeal
CRU will look at the Certificate, if they have not already done this.
If CRU agree that the Certificate is wrong, CRU will change it or CRU may revoke it.
If you still think the Certificate is wrong after CRU have looked at it again, you can appeal against the new decision. You can do this within a month of the date the new Certificate is issued.
The amount of benefit on the Certificate can only be increased if the compensator gave CRU information that was wrong, or did not give CRU enough information.
If CRU become aware that recoverable lump sum payments have been paid after a Certificate has been issued, CRU will issue a revised Certificate to include the lump sum payment amount and the revised Certificate will supersede all previous Certificates.
If CRU decide the Certificate cannot be changed, CRU will send your appeal and an explanation of the law and facts used to make the decision to theTribunals Service. CRU will also include any other important papers.
CRU will send a copy of these papers to you. If you want the papers sent to someone who is going to represent you, you must contact CRU to tell them.
CRU will send you a letter advising which tribunal will contact you regarding your appeal.
Appeal tribunals
Appeals are heard by an independent tribunal administered by the Tribunals Service. The tribunals are made up of qualified members who are not from of the Department for Work and Pensions. The tribunal can only look at the:
- evidence,
- law, and
- circumstances at the time CRU made the decision you are appealing against.
The appeal decision will usually be made by a legally qualified panel member and a medically qualified panel member.
For appeals only, a claim is treated as finalised if provisional damages are paid.
Oral hearings
This is an appeal hearing which you can go to.
The tribunal may ask you questions.
You can ask questions.
If you are the injured person you can take someone with you to represent you.
You can call a witness to give evidence to the tribunal.
A representative from the Department for Work and Pensions will usually be at the hearing. They may ask you questions and call witnesses.
Oral hearings are usually open to the public, but anyone who goes to the hearing will usually be involved in the appeal. You can ask to have your appeal heard in private.
Paper hearing
This is an appeal hearing which you do not go to. The appeal will be heard and the Tribunals Service will send you the decision.
If you choose a paper hearing but change your mind, you can choose to have an oral hearing. But you must write to the tribunal straight away.
The result
You will be given a summary decision letter explaining the tribunal’s decision as soon as possible after the appeal hearing. A copy will be sent to CRU.
If your appeal is successful, CRU will revise their decision and issue a fresh Certificate. CRU may not do this if they decide to appeal to the Upper Tribunal.
If your appeal is unsuccessful, you can ask for a Statement of Reasons. This gives an explanation of the Tribunal's decision including the
- facts, and
- relevant law used to make the decision.
You must ask for this within one month of the date of the summary decision.
You should read the Statement of Reasons carefully. If you still do not agree with the reasons for the tribunal’s decision, you can apply for leave to appeal to the Upper Tribunal.
