2008 No. 2685 (L. 13) - Legislation.gov.uk

1 The Law Relating to Social SecurityTRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (SOCIALENTITLEMENT CHAMBER) RULES 2008SI 2008 /2685 (L. 13) No. 2685 (L. 13)TRIBUNALS AND INQUIRIESThe Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber)Rules 2008 Made----9th October 2008 Laid before Parliament15th October 2008 Coming into force -3rd November 2008 CONTENTSPA RT , commencement, application and objective and parties obligation to co-operate with dispute resolution and RT 2 GENERAL POWERS AND to management for applying for and giving to comply with rules out a party s and addition of power to award and delivery of of documents and and or citation of witnesses and orders to answer questions orproduce in child support or child trust fund in criminal injuries compensation in social security and child support No.

2 96 [Sept 2011]The Law Relating to Social SecurityTRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (SOCIALENTITLEMENT CHAMBER) RULES 2008SI 2008 /2685 (L. 13) No. 96 [Sept 2011]PA RT 3 PROCEEDINGS BEFORE THE TRIBUNALCHAPTER 1 BEFORE THE in which the notice of appeal is to be sent to the in which the notice of appeal is to be sent to the decision and and physical examination in appeals under section 12 of theSocial security Act security and child support cases started by reference or informa-tion in with or without a to attend a of and private in a party s of for RT 4 CORRECTING, SETTING ASIDE, REVIEWING AND APPEALING mistakes and accidental slips or aside a decision which disposes of for permission to s consideration of application for permission to of a to treat an application as a different type of applicationSCHEDULE 1 Time limits for providing notices of appeal to the decisionmakerSCHEDULE 2 Issues in relation to which the Tribunal may refer a personfor medical examination under section 20(2) of the SocialSecurity Act 1998 The Law Relating to Social SecurityTRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (SOCIALENTITLEMENT CHAMBER) RULES 2008SI 2008 /2685 (L.)

3 13) No. 103 [June 2013]After consulting in accordance with paragraph 28(1) of Schedule 5 to, the Tribunals,Courts and Enforcement Act 2007(a), the Tribunal Procedure Committee has made thefollowing Rules in exercise of the powers conferred by sections 20(2) and (3) of theSocial security Act 1998(b) and sections 9(3), 22 and 29(3) of, and Schedule 5 to, theTribunals, Courts and Enforcement Act Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) ofSchedule 5 to the Tribunals, Courts and Enforcement Act RT 1 INTRODUCTIONC itation, commencement, application and interpretation1. (1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber) Rules 2008 and come into force on 3rd November 2008 .

4 1(2) These Rules apply to proceedings before the Social Entitlement Chamber ofthe First-tier Tribunal. (3) In these Rules the 2007 Act means the Tribunals, Courts and Enforcement Act 2007; appeal includes an application under section 19(9) of the Tax Credits Act2002(c); appellant means a person who makes an appeal to the Tribunal, or a personsubstituted as an appellant under rule 9(1) (substitution of parties); asylum support case means proceedings concerning the provision of supportfor an asylum seeker 2, a failed asylum seeker or a person designated undersection 130 of the Criminal Justice and Immigration Act 2008 (d) (designation), orthe dependants of any such person.

5 Criminal injuries compensation case means proceedings concerning the paymentof compensation under a scheme made under the Criminal Injuries CompensationAct 1995(e) 3or section 47 of the Crime and security Act 2010(f) ; decision maker means the maker of a decision against which an appeal has beenbrought; dispose of proceedings includes, unless indicated otherwise, disposing of a partof the proceedings; document means anything in which information is recorded in any form, and anobligation under these Rules to provide or allow access to a document or a copyof a document for any purpose means, unless the Tribunal directs otherwise, anobligation to provide or allow access to such document or copy in a legible formor in a form which can be readily made into a legible form; hearing means an oral hearing and includes a hearing conducted in whole or inpart by video link, telephone or other means of instantaneous two-way electroniccommunication.

6 Legal representative means 4a person who, for the purposes of the Legal ServiceAct 2007(g), is an authorised person in relation to an activity which constitutesthe exercise of a right of audience or the conduct of litigation within the meaningof that Act , an advocate or solicitor in Scotland or a barrister or solicitor inNorthern Ireland; party means (a) a person who is an appellant or respondent in proceedings before the Tribunal;(a)2007 c. 15.(b)1998 c. 14.(c)2002 c. 21.(d) 2008 c. 4.(e)1995 c. 53.(f)2010 c. 17.(g)2007 c. 12 Words in defn. of asylum support case substituted by rule 2 2009/274 as substituted indefn. of legalrepresentative by rule3 of 2010/43 asfrom 1(2) substituted byrule 5(2) of 2010/2653 as from inserted in criminal injuriescompensation case inrule 1(3) by rule 23 2013/477 as Law Relating to Social SecurityTRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (SOCIALENTITLEMENT CHAMBER) RULES 2008SI 2008 /2685 (L.)

7 13) ( )Supplement No. 103 [June 2013](b) a person who makes a reference to the Tribunal under section 28D of theChild Support Act 1991(a);(c) a person who starts proceedings before the Tribunal under paragraph 3 ofSchedule 2 to the Tax Credits Act 2002; or(d) if the proceedings have been concluded, a person who was a party underparagraph (a), (b) or (c) when the Tribunal finally disposed of all issues in theproceedings; practice direction means a direction given under section 23 of the 2007 Act; respondent means (a) in an appeal against a decision, the decision maker and any person otherthan the appellant who had a right of appeal against the decision;(b) in a reference under section 28D of the Child Support Act 1991 (i) the absent parent or non-resident parent;(ii) the person with care; and(iii) in Scotland, the child if the child made the application for a departuredirection or a variation;(c) in proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002,a person on whom it is proposed that a penalty be imposed; or(d) a person substituted or added as a respondent under rule 9 (substitution andaddition of parties); 1 social security and child support case means any case allocated to the SocialEntitlement Chamber 1of the First-tier Tribunal except an asylum support caseor a criminal injuries compensation case.

8 Tribunal means the First-tier objective and parties obligation to co-operate with the Tribunal2. (1) The overriding objective of these Rules is to enable the Tribunal to dealwith cases fairly and justly.(2) Dealing with a case fairly and justly includes (a) dealing with the case in ways which are proportionate to the importance ofthe case, the complexity of the issues, the anticipated costs and the resourcesof the parties;(b) avoiding unnecessary formality and seeking flexibility in the proceedings;(c) ensuring, so far as practicable, that the parties are able to participate fully inthe proceedings;(d) using any special expertise of the Tribunal effectively; and(e) avoiding delay, so far as compatible with proper consideration of the issues.

9 (3) The Tribunal must seek to give effect to the overriding objective when it (a) exercises any power under these Rules; or(b) interprets any rule or practice direction.(4) Parties must (a) help the Tribunal to further the overriding objective; and(b) co-operate with the Tribunal dispute resolution and arbitration3. (1) The Tribunal should seek, where appropriate (a) to bring to the attention of the parties the availability of any appropriatealternative procedure for the resolution of the dispute; and(b) if the parties wish and provided that it is compatible with the overridingobjective, to facilitate the use of the 1-3(a)1991 c. 48. Section 28D was inserted by section 4 of the Child Support Act 1995 (c.)

10 34).1In rule 1(3) defn. of Social EntitlementChamber deleted &words inserted in social security andchild support case byrule 4(2)(a)-(b) of as Law Relating to Social SecurityTRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (SOCIALENTITLEMENT CHAMBER) RULES 2008SI 2008 /2685 (L. 13)(2) Part 1 of the Arbitration Act 1996(a) does not apply to proceedings before RT 2 GENERAL POWERS AND PROVISIONSD elegation to staff4. (1)Staff appointed under section 40(1) of the 2007 Act (tribunal staff andservices) may, with the approval of the Senior President of Tribunals, carry out functionsof a judicial nature permitted or required to be done by the Tribunal.(2) The approval referred to at paragraph (1) may apply generally to the carryingout of specified functions by members of staff of a specified description in specifiedcircumstances.