The First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018

Notice of appeal against a process decision

22.—(1) This rule applies where an individual brings an appeal under section 61 of the 2018 Act against a process decision.

(2) An individual must start proceedings by sending a notice of appeal and any accompanying documents to the First-tier Tribunal.

(3) Except as provided for in paragraph (5), a notice of appeal against a process decision must be received by the First-tier Tribunal before the end of the period of 31 days beginning with the day on which the individual is informed of the decision against which the individual wishes to appeal.

(4) The notice of appeal must state—

(a) the name and address of the appellant;

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

(c) a postal or email address where documents for the appellant may be sent or delivered;

(d) the decision being challenged;

(e) the reasons for bringing the appeal;

(f) any views of the appellant on whether the matter should be dealt with at a hearing or without a hearing; and

(g) where the notice of appeal is received after the end of the period of 31 days beginning with the day on which the appellant is informed of the decision, but within less than one year of that day, reasons why the notice of appeal was not sent or delivered to the Scottish Ministers sooner.

(5) Where a notice of appeal is received after the end of the period of 31 days beginning with the day specified in paragraph (3)—

(a) if the notice of appeal is received less than one year after that day, the First-tier Tribunal may give permission for the appeal to proceed, but only if satisfied that there was a good reason for the notice of appeal not having been sent or delivered sooner; or

(b) if the notice of appeal is received one year or more after that day, the First-tier Tribunal must refuse to consider the notice.