The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Making of appeals and applications

33.—(1) An appeal, or an application for an extension of time for making an appeal to an appeal tribunal shall be in writing either on a form approved for the purpose by the Secretary of State or in such other format as the Secretary of State accepts as sufficient for the purpose and shall—

(a) be signed by—

(i) the person who, under section 20 of the Child Support Act as extended by paragraph 3 of Schedule 4C to that Act, section 11(2) of the 1997 Act or section 12(2), has a right of appeal; or

(ii) where the person in head (i) has provided written authority to a representative to act on his behalf, by that representative;

(b) be sent or delivered to an appropriate office;

(c) contain particulars of the grounds on which it is made; and

(d) contain sufficient particulars of the decision, the certificate of recoverable benefits or the subject of the application, as the case may be, to enable that decision, certificate or subject of the application to be identified.

(2) In this regulation, “an appropriate office” means—

(a) in the case of an appeal under the 1997 Act against a certificate of recoverable benefits, the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear, NE31 1XB;

(b) in the case of an appeal against a decision relating to a jobseeker’s allowance, an office of the Department of Social Security or of the Department for Education and Employment;

(c) in the case of a contributions decision which falls within Part II of Schedule 3 to the Act, any National Insurance Contributions office;

(d) in the case of an appeal under section 20 of the Child Support Act as extended by paragraph 3 of Schedule 4C to that Act, an office of the Child Support Agency; and

(e) in any other case, an office of the Department of Social Security.

(3) A form which is not completed in accordance with the instructions on the form—

(a) except where paragraph (4) applies, does not satisfy the requirements of paragraph (1), and

(b) may be returned by the Secretary of State to the sender for completion in accordance with those instructions.

(4) Where the Secretary of State is satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal or application to proceed, he may treat the form as satisfying the requirements of paragraph (1).

(5) Where an appeal or application is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal or application to proceed, the Secretary of State may treat the letter as satisfying the requirements of paragraph (1).

(6) Where the letter does not include sufficient information to enable the appeal or application to proceed, the Secretary of State may request further information in writing (“further particulars”) from the person who wrote the letter.

(7) Where a person to whom a form is returned or from whom further particulars are requested duly completes and returns the form or sends the further particulars and the form or particulars (as the case may be) are received by the Secretary of State within—

(a) 14 days of the date on which the form was returned to him by the Secretary of State,

(b) 14 days of the date on which the Secretary of State’s request was made (“the date of request”), or

(c) such longer period as the Secretary of State may direct,

the time for making the appeal shall be extended by 14 days from the date the form was returned, the date of request or the date of the Secretary of State’s direction, as the case may be.

(8) Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (7)—

(a) the Secretary of State shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to a legally qualified panel member, and

(b) the panel member shall determine whether the form or the letter satisfies the requirement of paragraph (1), and shall inform the appellant or applicant and the Secretary of State of his determination.

(9) Where—

(a) a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (7), and

(b) no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State,

that form or further particulars shall also be forwarded to the legally qualified panel member who shall take into account any further information or evidence set out in the form or further particulars.