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The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Type Statutory-Instrument

Publication 2008-10-09

Last updated 2025-05-30

State In force

Department King's Printer of Acts of Parliament

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(b) in a social security and child support case where the Tribunal has directed that notice of withdrawal shall take effect only with the Tribunal's consent; or

(4) An application for a withdrawn case to be reinstated may be made by—

(a) the party who withdrew the case;

(b) where an appeal in a social security and child support case has been withdrawn, a respondent.

(5) An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after the earlier of—

(a) the date on which the applicant was sent notice under paragraph (6) that the withdrawal had taken effect; or

(b) if the applicant was present at the hearing when the case was withdrawn orally under paragraph (1)(b), the date of that hearing.

(6) The Tribunal must notify each party in writing that a withdrawal has taken effect under this rule.

18

(1) This rule applies if—

(a) two or more cases have been started before the Tribunal;

(b) in each such case the Tribunal has not made a decision disposing of the proceedings; and

(2) The Tribunal may give a direction—

(a) specifying one or more cases falling under paragraph (1) as a lead case or lead cases; and

(b) staying (or, in Scotland, sisting) the other cases falling under paragraph (1) (“the related cases”).

(3) When the Tribunal makes a decision in respect of the common or related issues—

(a) the Tribunal must send a copy of that decision to each party in each of the related cases; and

(b) subject to paragraph (4), that decision shall be binding on each of those parties.

(4) Within 1 month after the date on which the Tribunal sent a copy of the decision to a party under paragraph (3)(a), that party may apply in writing for a direction that the decision does not apply to, and is not binding on the parties to, a particular related case.

(5) The Tribunal must give directions in respect of cases which are stayed or sisted under paragraph (2)(b), providing for the disposal of or further directions in those cases.

(6) If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—

(a) whether another case or other cases are to be specified as a lead case or lead cases; and

(b) whether any direction affecting the related cases should be set aside or amended.

19

(1) Paragraph (4) applies to—

(a) proceedings under the Child Support Act 1991 in the circumstances described in paragraph (2), other than an appeal against a reduced benefit decision (as defined in section 46(10)(b) of the Child Support Act 1991, as that section had effect prior to the commencement of section 15(b) of the Child Maintenance and Other Payments Act 2008);

(b) proceedings where the parties to the appeal include former joint claimants who are no longer living together in the circumstances described in paragraph (3).

(2) The circumstances referred to in paragraph (1)(a) are that the absent parent, non-resident parent or person with care would like their address or the address of the child to be kept confidential and has given notice to that effect—

(a) in the notice of appeal or when notifying the Secretary of State or the Tribunal of any subsequent change of address; or

(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).

(3) The circumstances referred to in paragraph (1)(b) are that one of the former joint claimants would like their address to be kept confidential and has given notice to that effect—

(a) in the notice of appeal or when notifying the decision maker or the tribunal of any subsequent change of address; or

(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).

(4) Where this paragraph applies, the Secretary of State or other decision maker and the Tribunal must take appropriate steps to secure the confidentiality of the address and of any information which could reasonably be expected to enable a person to identify the address, to the extent that the address or that information is not already known to each other party.

(5) In this rule—

“absent parent”, “non-resident parent” and “person with care” have the meanings set out in section 3 of the Child Support Act 1991;

“joint claimants” means the persons who made a joint claim for a jobseeker’s allowance under the Jobseekers Act 1995, a tax credit under the Tax Credits Act 2002 or in relation to whom an award of universal credit is made under Part 1 of the Welfare Reform Act 2012.

20

(1) This rule applies only to criminal injuries compensation cases.

(2) The Tribunal may meet reasonable expenses—

(a) incurred by the appellant, or any person who attends a hearing to give evidence, in attending the hearing; or

(b) incurred by the appellant in connection with any arrangements made by the Tribunal for the inspection of the appellant's injury.

21

(1) This rule applies only to social security and child support cases.

(2) The Secretary of State may pay such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may determine to any person required to attend a hearing in proceedings under section 20 of the Child Support Act 1991, section 12 of the Social Security Act 1998 or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 .

22

(1) This rule applies to all cases except those to which—

(a) rule 23 (cases in which the notice of appeal is to be sent to the decision maker), or

(b) rule 26 (social security and child support cases started by reference or information in writing),

applies.

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the Tribunal so that it is received—

(a) in asylum support cases, within 3 days after the date on which the appellant received written notice of the decision being challenged;

(b) in criminal injuries compensation cases, within 90 days after the date of the decision being challenged ;

(ca) in appeals under a scheme established under section 49(1) of the Victims and Prisoners Act 2024 (infected blood compensation scheme), within 1 month after the date on which the appellant was sent written notice of the decision being challenged;

(d) in other cases—

(i) if mandatory reconsideration applies, within 1 month after the date on which the appellant was sent notice of the result of mandatory reconsideration;

(ii) if mandatory reconsideration does not apply, within the time specified in Schedule 1 to these Rules (time limits for providing notices of appeal in social security and child support cases where mandatory reconsideration does not apply).

(3) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a) the name and address of the appellant;

(b) the name and address of the appellant's representative (if any);

(d) the name and address of any respondent other than the decision maker;

(e) ...; and

(f) the grounds on which the appellant relies.

(4) The appellant must provide with the notice of appeal—

(a) a copy of—

(i) the notice of the result of mandatory reconsideration, in any social security and child support case to which mandatory reconsideration applies;

(ii) the decision being challenged, in any other case;

(b) any statement of reasons for that decision that the appellant has ; and

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In asylum support cases the notice of appeal must also—

(a) state whether the appellant will require an interpreter at any hearing, and if so for which language or dialect; and

(b) state whether the appellant intends to attend or be represented at any hearing.

(6) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) ... (power to extend time)—

(a) the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b) subject to paragraph (8) unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) ... (power to extend time) the Tribunal must not admit the notice of appeal.

(7) The Tribunal must send a copy of the notice of appeal and any accompanying documents to each other party—

(a) in asylum support cases, on the day that the Tribunal receives the notice of appeal, or (if that is not reasonably practicable) as soon as reasonably practicable on the following day;

(b) in all other cases, as soon as reasonably practicable after the Tribunal receives the notice of appeal.

(7A) His Majesty’s Revenue and Customs must, upon receipt of the notice of appeal from the Tribunal under the Childcare Payments Act 2014, inform the Tribunal whether there are any affected parties within the meaning of section 61(5) of that Act other than the appellant and, if so, provide their names and addresses.

(8) Where an appeal in a social security and child support case is not made within the time specified in paragraph (2)—

(a) it will be treated as having been made in time, unless the Tribunal directs otherwise, if it is made within ... 12 months of the time specified and neither the decision maker nor any other respondent objects;

(b) the time for bringing the appeal may not be extended under rule 5(3)(a) by more than 12 months.

(9) For the purposes of this rule, mandatory reconsideration applies where—

(a) the notice of the decision being challenged includes a statement to the effect that there is a right of appeal in relation to the decision only if the decision-maker has considered an application for the revision, reversal, review or reconsideration (as the case may be) of the decision being challenged; or

(b) the appeal , other than an appeal under section 38(1) of the Tax Credits Act 2002, is brought against a decision made by His Majesty’s Revenue and Customs.

23

(1) This rule applies to appeals 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.

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received ... —

(a) in a housing benefit or council tax benefit case , no later than the latest of—

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 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;

(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 Act.

(3) If the appellant provides the notice of appeal to the decision maker later than the time required by paragraph (2)(a) the notice of appeal must include the reason why the notice of appeal was not provided in time.

(4) Subject to paragraph (5), where an appeal is not made within the time specified in paragraph (2), it will be treated as having been made in time if neither the decision maker nor any other respondent objects.

(5) No appeal may be made more than 12 months after the time specified in paragraph (2).

(6) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a) the name and address of the appellant;

(b) the name and address of the appellant's representative (if any);

(d) details of the decision being appealed; and

(e) the grounds on which the appellant relies.

(7) The decision maker must refer the case to the Tribunal immediately if—

(a) the appeal has been made after the time specified in paragraph (2) and the decision maker or any other respondent objects to it being treated as having been made in time; or

(b) the decision maker considers that the appeal has been made more than 12 months after the time specified in paragraph (2).

(8) Notwithstanding rule 5(3)(a) ... (case management powers) and rule 7(2) (failure to comply with rules etc. ), the Tribunal must not extend the time limit in paragraph (5).

24

(1) When a decision maker receives a copy of a notice of appeal from the Tribunal under rule 22(7), the decision maker must send or deliver a response to the Tribunal—

(a) in asylum support cases, so that it is received within 3 days after the date on which the Tribunal received the notice of appeal;

(b) in—

(i) criminal injuries compensation cases, or

(ii) appeals under the Child Support Act 1991,

within 42 days after the date on which the decision maker received the copy of the notice of appeal; and

(1A) Where a decision maker receives a notice of appeal from an appellant under rule 23(2), the decision maker must send or deliver a response to the Tribunal so that it is received as soon as reasonably practicable after the decision maker received the notice of appeal.

(2) The response must state—

(a) the name and address of the decision maker;

(b) the name and address of the decision maker's representative (if any);

(d) the names and addresses of any other respondents and their representatives (if any);

(e) whether the decision maker opposes the appellant's case and, if so, any grounds for such opposition which are not set out in any documents which are before the Tribunal; and

(f) any further information ... required by a practice direction or direction.

(3) The response may include a submission as to whether it would be appropriate for the case to be disposed of without a hearing.

(4) The decision maker must provide with the response—

(a) a copy of any written record of the decision under challenge, and any statement of reasons for that decision, if they were not sent with the notice of appeal;

(b) copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and

(c) in cases to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and (if they have not otherwise been provided to the Tribunal) the name and address of the appellant's representative (if any).

(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal within 1 month after the date on which the decision maker sent the response to the party providing the reply, and the Tribunal must send a copy to each other party.

25

(1) This rule applies only to appeals under section 12 of the Social Security Act 1998.

(2) At a hearing an appropriate member of the Tribunal may carry out a physical examination of a person if the case relates to—

(a) the extent of that person's disablement and its assessment in accordance with section 68(6) of and Schedule 6 to, or section 103 of, the Social Security Contributions and Benefits Act 1992 ; or

(b) diseases or injuries prescribed for the purpose of section 108 of that Act.

(3) If an issue which falls within Schedule 2 to these Rules (issues in relation to which the Tribunal may refer a person for medical examination) is raised in an appeal, the Tribunal may exercise its power under section 20 of the Social Security Act 1998 to refer a person to a health care professional approved by the Secretary of State for—

(a) the examination of that person; and

(b) the production of a report on the condition of that person.

(4) Neither paragraph (2) nor paragraph (3) entitles the Tribunal to require a person to undergo a physical test for the purpose of determining whether that person is unable to walk or virtually unable to do so.

26

(1) This rule applies to proceedings under section 28D of the Child Support Act 1991 and paragraph 3 of Schedule 2 to the Tax Credits Act 2002.

(2) A person starting proceedings under section 28D of the Child Support Act 1991 must send or deliver a written reference to the Tribunal.

(3) A person starting proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002 must send or deliver an information in writing to the Tribunal.

(4) The reference or the information in writing must include—

(a) an address where documents for the person starting proceedings may be sent or delivered;

(b) the names and addresses of the respondents and their representatives (if any); and

(5) Unless a practice direction or direction states otherwise, the person starting proceedings must also provide a copy of each document in their possession which is relevant to the proceedings.

(6) Subject to any obligation under rule 19(3) (confidentiality in child support cases), the person starting proceedings must provide a copy of the written reference or the information in writing and any accompanying documents to each respondent at the same time as they provide the written reference or the information in writing to the Tribunal.

(7) Each respondent may send or deliver to the Tribunal a written submission and any further relevant documents within one month of the date on which the person starting proceedings sent a copy of the written reference or the information in writing to that respondent.

27

(1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

(a) each party has consented to, or has not objected to, the matter being decided without a hearing; and

(b) the Tribunal considers that it is able to decide the matter without a hearing.

(2) This rule does not apply to decisions under Part 4.

(3) The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

(4) In a criminal injuries compensation case—

(a) the Tribunal may make a decision which disposes of proceedings without a hearing; and

(b) subject to paragraph (5), if the Tribunal makes a decision which disposes of proceedings without a hearing, any party may make a written application to the Tribunal for the decision to be reconsidered at a hearing.

(5) An application under paragraph (4)(b) may not be made in relation to a decision—

(a) not to extend a time limit;

(b) not to set aside a previous decision;

(d) not to allow an appeal against a decision not to reopen a case.

(6) An application under paragraph (4)(b) must be received within 1 month after the date on which the Tribunal sent notice of the decision to the party making the application.

28

Subject to rule 30(5) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.

29

(1) The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

(2) The period of notice under paragraph (1) must be at least 14 days except that—

(a) in an asylum support case the Tribunal must give at least 1 day's and not more than 5 days' notice; and

(b) the Tribunal may give shorter notice—

(i) with the parties' consent; or

(ii) in urgent or exceptional circumstances.

30

(1) Subject to the following paragraphs, all hearings must be held in public.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

(3A) Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(d) such a direction is necessary to secure the proper administration of justice.

(4) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(5) The Tribunal may give a direction excluding from any hearing, or part of it—

(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c) any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or

(d) any person where the purpose of the hearing would be defeated by the attendance of that person.

(6) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

31

If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b) considers that it is in the interests of justice to proceed with the hearing.

32

(1) The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

33

(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)—

(a) a decision notice stating the Tribunal's decision;

(b) where appropriate, notification of the right to apply for a written statement of reasons under rule 34(3); and

(c) notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.

(3) In asylum support cases the notice and notifications required by paragraph (2) must be provided at the hearing or sent on the day that the decision is made.

34

(1) In asylum support cases the Tribunal must send a written statement of reasons for a decision which disposes of proceedings (except a decision under Part 4) to each party—

(a) if the case is decided at a hearing, within 3 days after the hearing; or

(b) if the case is decided without a hearing, on the day that the decision is made.

(2) In all other cases the Tribunal may give reasons for a decision which disposes of proceedings (except a decision under Part 4)—

(a) orally at a hearing; or

(b) in a written statement of reasons to each party.

(3) Unless the Tribunal has already provided a written statement of reasons under paragraph (2)(b), a party may make a written application to the Tribunal for such statement following a decision which finally disposes of—

(a) all issues in the proceedings; or

(b) a preliminary issue dealt with following a direction under rule 5(3)(e).

(4) An application under paragraph (3) must be received within 1 month of the date on which the Tribunal sent or otherwise provided to the party a decision notice relating to the decision....

(5) If a party makes an application in accordance with paragraphs (3) and (4) the Tribunal must, subject to rule 14(2) (withholding information likely to cause harm), send a written statement of reasons to each party within 1 month of the date on which it received the application or as soon as reasonably practicable after the end of that period.

35

In this Part—

“appeal” means the exercise of a right of appeal—under paragraph 2(2) or 4(1) of Schedule 2 to the Tax Credits Act 2002 ;under section 21(10) of the Child Trust Funds Act 2004 ; oron a point of law under section 11 of the 2007 Act; and

“review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.

36

The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by—

(a) sending notification of the amended decision or direction, or a copy of the amended document, to all parties; and

(b) making any necessary amendment to any information published in relation to the decision, direction or document.

37

(1) The Tribunal may , on the application of a party or on its own initiative, set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if—

(a) the Tribunal considers that it is in the interests of justice to do so; and

(b) one or more of the conditions in paragraph (2) are satisfied.

(2) The conditions are—

(a) a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative;

(b) a document relating to the proceedings was not sent to the Tribunal at an appropriate time;

(d) there has been some other procedural irregularity in the proceedings.

(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 1 month after the date on which the Tribunal sent notice of the decision to the party.

(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.

38

(1) This rule does not apply to asylum support cases or criminal injuries compensation cases.

(2) A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.

(3) An application under paragraph (2) must be sent or delivered to the Tribunal so that it is received no later than 1 month after the latest of the dates that the Tribunal sends to the person making the application—

(za) the relevant decision notice;

(a) written reasons for the decision, if the decision disposes of—;

(i) all issues in the proceedings; or

(ii) subject to paragraph (3A), a preliminary issue dealt with following a direction under rule 5(3)(e);

(b) notification of amended reasons for, or correction of, the decision following a review; or

(3A) The Tribunal may direct that the 1 month within which a party may send or deliver an application for permission to appeal against a decision that disposes of a preliminary issue shall run from the date of the decision that disposes of all issues in the proceedings.

(4) The date in paragraph (3)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 37 (setting aside a decision which disposes of proceedings) or any extension of that time granted by the Tribunal.

(5) If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (3) or by any extension of time under rule 5(3)(a) (power to extend time)—

(a) the application must include a request for an extension of time and the reason why the application was not provided in time; and

(b) unless the Tribunal extends time for the application under rule 5(3)(a) (power to extend time) the Tribunal must not admit the application.

(6) An application under paragraph (2) must—

(a) identify the decision of the Tribunal to which it relates;

(b) identify the alleged error or errors of law in the decision; and

(7) If a person makes an application under paragraph (2) in respect of a decision that disposes of proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e) when the Tribunal has not given a written statement of reasons for its decision—

(a) if no application for a written statement of reasons has been made to the Tribunal, the application for permission must be treated as such an application;

(b) unless the Tribunal decides to give permission and directs that this sub-paragraph does not apply, the application is not to be treated as an application for permission to appeal; and

(c) if an application for a written statement of reasons has been, or is, refused because of a delay in making the application, the Tribunal must only admit the application for permission if the Tribunal considers that it is in the interests of justice to do so.

39

(1) On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 2, whether to review the decision in accordance with rule 40 (review of a decision).

(2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.

(3) The Tribunal must send a record of its decision to the parties as soon as practicable.

(4) If the Tribunal refuses permission to appeal it must send with the record of its decision—

(a) a statement of its reasons for such refusal; and

(b) notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.

(5) The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.

40

(1) This rule does not apply to asylum support cases or criminal injuries compensation cases.

(2) The Tribunal may only undertake a review of a decision—

(a) pursuant to rule 39(1) (review on an application for permission to appeal); and

(b) if it is satisfied that there was an error of law in the decision.

(3) The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.

(4) If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (3) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.

41

The Tribunal may treat an application for a decision to be corrected, set aside or reviewed, or for permission to appeal against a decision, as an application for any other one of those things.

An issue falls within this Schedule if the issue—

(a) is whether the claimant satisfies the conditions for entitlement to—

(i) an attendance allowance specified in section 64 and 65(1) of the Social Security Contributions and Benefits Act 1992 ;

(ii) severe disablement allowance under section 68 of that Act;

(iii) the care component of a disability living allowance specified in section 72(1) and (2) of that Act;

(iv) the mobility component of a disability living allowance specified in section 73(1), (8) and (9) of that Act;...

(v) a disabled person's tax credit specified in section 129(1)(b) of that Act.

(vi) the daily living component of personal independence payment specified in section 78 of the Welfare Reform Act 2012; or

(vii) the mobility component of personal independence payment specified in section 79 of the Welfare Reform Act 2012.

(b) relates to the period throughout which the claimant is likely to satisfy the conditions for entitlement to an attendance allowance or a disability living allowance;

(d) is the rate at which the care component or the mobility component of a disability living allowance is payable;

(e) is whether a person is incapable of work for the purposes of the Social Security Contributions and Benefits Act 1992;

(f) relates to the extent of a person's disablement and its assessment in accordance with Schedule 6 to the Social Security Contributions and Benefits Act 1992;

(g) is whether the claimant suffers a loss of physical or mental faculty as a result of the relevant accident for the purposes of section 103 of the Social Security Contributions and Benefits Act 1992;

(h) relates to any payment arising under, or by virtue of a scheme having effect under, section 111 of, and Schedule 8 to, the Social Security Contributions and Benefits Act 1992 (workmen's compensation);

(i) is whether a person has limited capability for work or work-related activity for the purposes of the Welfare Reform Act 2007 ;

(j) is the rate at which the daily living component or mobility component of personal independence payment is payable.

Editorial notes

[^c1943591]: 2007 c.15.

[^c1943592]: 1998 c.14.

[^c1943594]: 2002 c.21.

[^c1943595]: 1995 c.53.

[^c1943597]: 1991 c.48. Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34).

[^c1943598]: 1996 c.23.

[^c1943599]: 1971 c.80.

[^c1943602]: 2000 c.19.

[^c1943603]: 1992 c.4.

[^c1943604]: 2002 c.21. Paragraphs 2(2) and 4(1) of Schedule 2 are modified by section 63(6) and (7) of the same Act.

[^c1943605]: 2004 c.6. Section 21(10) is modified by section 24(1) and (2) of the same Act.

[^c1943616]: 1992 c.4.

[^c1943617]: 2007 c.5.

[^c1943618]: S.I. 2008/2684.

[^key-03f0ff0bde35a3862d8dc59c9de0c929]: 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)

[^key-e5c543688c446ab19c39a9b6b5369cf9]: Words in rule 1(3) substituted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 2

[^key-f578ff0ee4750f6511e97eabb975f1ce]: Rule 23(8) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 3

[^key-3e0364ed8a71dee39215615ca774e678]: Words in rule 1(3) substituted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (No. 43), rules 1, 3

[^key-bd1d8b0d801f2aa779b32d232c098e51]: Rule 1(2) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 5(2)

[^key-8172f66f0813927274d311416eda8b73]: Words in art. 8(8) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), arts. 1, 5(3)

[^key-18f8fbc4279b8f0cf11e9c9efb555cdb]: Words in rule 1(3) omitted (1.4.2011) by virtue of The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 4(2)(a)

[^key-595798d84e7efe6b11bb027ab7aee98e]: Words in rule 1(3) inserted (1.4.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(a), 4(2)(b)

[^key-eb4c5d96ce204da4cbe5a99660f2eabc]: 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)

[^key-d80591f1f51679faee5190d6ca255158]: 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)

[^key-61515b720adcd7ac83affd5ebf26232c]: Word in Sch. 2 omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 32(a)

[^key-1e0e2e8542139533fc3130d4f3628fa7]: Sch. 2 para (a)(vi)(vii) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 32(b)

[^key-932fb32dc509dd1c07813f9a1acead18]: Sch. 2 para (j) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 32(c)

[^key-c26dba4a02ebae1abcc76f6e06a316f1]: Words in rule 1(3) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 23

[^key-f1f303e5e587dc0b41b92ca521454bd4]: Words in rule 17(1)(a) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(a)

[^key-7aac4ffa8626759886775de9727eb680]: Words in rule 17(3)(a) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(b)

[^key-3d55ed7985a97b7e2d266bb6a357855d]: Rule 17(3)(b)(c) substituted for rule 17(3)(b) and word (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(c)

[^key-77aacab6451024f0b4753337d5055b79]: Words in rule 17(6) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(d)

[^key-8c1299af16ed97cb8fea57efc9f493c6]: Rule 22(1) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(a)

[^key-ecc3e4c59249d6ff3e91851a83dfb629]: Rule 22(2)(c)(d) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(b)

[^key-11567a9cf44e70e5c3998a62eca652ae]: Words in rule 22(3)(d) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(c)(i)

[^key-04573e5d77f96b1576ce20d85cb73267]: Words in rule 22(3)(e) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(c)(ii)

[^key-839715592baa9189000de53b3f096d78]: Rule 22(4)(a) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(d)(i)

[^key-22745f7794d335db857ecf2ec624594d]: Word in rule 22(4)(b) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(d)(ii)

[^key-1adfd4be23e7fde14e159bd44a5bd894]: Word in rule 22(4)(c) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(d)(iii)

[^key-448da3330b1238e69c10e245065f8419]: Rule 22(4)(d) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(d)(iv)

[^key-d5019b9506da13b398ca15f0e4bbe559]: Words in rule 22(6)(b) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(e)

[^key-57e26104f2865142650c33f1feda2b38]: Words in rule 22(7)(b) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(f)

[^key-bc439229c706cf3e3884737779da90c1]: Rule 22(8)(9) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 25(g)

[^key-ce7b8ba883b71c29c0af8bfb9e4d6fd6]: Rule 23(1) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 26

[^key-5cb158e6c977bc80a5f17fc80c44d6a7]: Words in rule 33(2) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 28

[^key-7f40db617a64e98f5e2266af47b90553]: Words in rule 34(3) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 29(a)

[^key-39424cdaeee140e03acd43408da28ae4]: Words in rule 34(4) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 29(b)

[^key-0465bd4a7885861189d278cbfa2ad2ba]: Rule 38(3)(za) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 30(a)

[^key-546b74ec5b21c3c7e93b020226887579]: Words in rule 38(3)(a) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 30(b)

[^key-796565ec164c7d44ff13d5adf8ddaf42]: Rule 38(3A) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 30(c)

[^key-145c4333cb215d5e1d96794cf1e75732]: Words in rule 38(7) inserted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 30(d)

[^key-9106eaa98413fc6b8718c724cd869a59]: Words in rule 22(6) omitted (6.4.2014) by virtue of The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 22

[^key-ad97b1124aa99dbcd9dfa7520ed92d5d]: Rule 27(1)(1A) substituted for rule 27(1) (1.10.2014) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(b) , 27(a)

[^key-7fc49b7a3e5c2809127587aa2e98f421]: Words in rule 24(2)(f) omitted (1.10.2014) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(b) , 27(b)

[^key-af881cde3ec4cba3029e15ad9f7ad1f4]: Art. 19 substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), arts. 1(b), 35

[^key-78f97e35a732eb1b4bcc54667bc9a3d7]: Sch. 1 substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 17, Sch. (with rule 18)

[^M_F_d1e06d65-0421-4eee-db75-cda417ff438c]: Word in rule 1(3) omitted (21.8.2015) by S.I. 2015/1510, rules 1, 12

[^M_F_50f0dbb3-0cab-4af0-d69e-45fe5458b91b]: Words in rule 1(3) inserted (21.8.2015) by S.I. 2015/1510, rules 1, 12

[^M_F_2bd25c98-f08b-40f3-80b9-a5390ee13c7b]: Rule 5(3)(aa) omitted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 13

[^M_F_cfeb09ef-0785-45da-8174-d0a3b04d5d2a]: Rule 17(4)(5) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rule 2015 (S.I. 2015/1510), rules 1, 14

[^M_F_c055badd-921d-49fb-f99d-2495c9de0e7e]: Words in rule 22(2)(d)(ii) substituted by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 15(a)

[^M_F_64de526c-e705-4aab-86d2-bb2755eec504]: Rule 22(7A) inserted by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 15(b)

[^M_F_58198c55-dcc9-411b-cb53-61db2b69cde8]: Rule 22(9) substituted by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 15(c)

[^M_F_403a8b0f-e281-4926-9224-46834dafc02b]: Words in rule 23(1) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(a)

[^M_F_d3eb13b2-fd36-4479-dbe6-f053aa9214f6]: Words in rule 23(2) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(b)

[^M_F_6d209b18-b15d-4b0c-e6bf-372feaaad648]: Words in rule 23(3) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(c)

[^M_F_5a5b65fb-c12d-401f-df43-86d151c94d62]: Words in rule 23(4) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)

[^M_F_4905beb4-68f5-4765-94d3-1b33f370c6cc]: Words in rule 23(5) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(d)

[^M_F_b4a9a028-38a9-4749-dc26-1726a88e89f5]: 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)

[^M_F_3f88b6cd-3f23-48c6-bfc6-422a6fcef387]: 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)

[^M_F_3a7d1c47-a57b-48ec-9249-c18d8a185426]: Words in rule 23(8) omitted (21.8.2015) by The Tribunal Procedure (Amendment) Rules 2015 (S.I. 2015/1510), rules 1, 16(e)

[^key-75a6f1301b9badf1efd56f188bf257ad]: 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)

[^key-a53a53469272448d700d9935730fa05b]: 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)

[^key-2ce512bc555d75528468c4fe1821e01c]: Rule 5A inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 4(2)

[^key-d9f6874e9282807ca058b1f9d2f98c8b]: Rule 30A inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 4(4)

[^key-1a58782ce278148cfa1feed1081c481e]: Rule 30(3A) inserted (temp.) (10.4.2020) by The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 4(3)

[^key-140b33c4f1d728de2734cc671d1a1756]: Words in rule 4(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 3(2)(a)(i)

[^key-d3f47cde97553a13c0a9b1f60d764065]: Words in rule 4(1) substituted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 3(2)(a)(ii)

[^key-126d98f86f023fce4c5d56ae7c98dcdc]: Words in rule 4(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 3(2)(a)(iii)

[^key-60282a2b6e707aaaedac1f31f3dc7543]: Rule 4(2) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 3(2)(b)

[^key-52427ac53197876015af15bb514b37f2]: Rule 30A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 3(3) (with rule 1(2))

[^key-6fc17d3892c27cca241415c33a0cc5c7]: Words in rule 22(7A) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 2(2)(a)

[^key-f2f2a50e3f42fd2e6e9bb5818c2ae21a]: Words in rule 22(9)(b) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 2(2)(b)

[^key-44697f47798d0cb5fa86a5921eb06d1e]: Rule 22(2)(ca) inserted (27.12.2024) by The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 2(2)(a)

[^key-728fa22f052bea178b2c7b71043ed145]: Word in rule 22(7)(b) inserted (27.12.2024) by The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 2(2)(b)

[^key-32cf97147316edb4ea863cff61276435]: Words in art. 22(8)(a) omitted (27.12.2024) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 2(2)(c)

[^key-a5ce0a07857a2caece12e8e686091103]: Words in art. 22(9)(b) inserted (27.12.2024) by The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 2(2)(d)

[^key-231e5cc36da95d184ca35f0c02c84355]: Rule 30(2) omitted (27.12.2024) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 2(3)

[^key-d4609508817583313b208b28ffdca667]: Words in rule 37(1) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 2(2)(a)

[^key-f75166562ebe59399cabf351c50b9bf8]: Rule 37(4) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 2(2)(b)

Coronavirus temporary rule (decisions without a hearing)

5A

(1) Notwithstanding anything in rule 27 (decision with or without a hearing), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

(2) The conditions are—

(a) the matter is urgent;

(b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and

(3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.

Procedure for applying for and giving directions

Failure to comply with rules etc.

Striking out a party's case

Substitution and addition of parties

No power to award costs

Representatives

Calculating time

Sending and delivery of documents

Use of documents and information

Evidence and submissions

Summoning or citation of witnesses and orders to answer questions or produce documents

Withdrawal

Lead cases

Expenses in criminal injuries compensation cases

Coronavirus temporary rule (recording of remote hearings)

30A

(1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

(2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

(3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

(a) held in private under rule 30(3A); or

(b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.

(4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.

Hearings in a party's absence

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