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

Withdrawal

17.—(1) Subject to paragraph (2), a party may give notice of the withdrawal of the party’s case, or any part of that case—

(a) by sending or delivering to the First-tier Tribunal a written notice of withdrawal; or

(b) orally at a hearing.

(2) In the circumstances described in paragraph (3), a notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

(3) The circumstances referred to in paragraph (2) are where a party gives notice of withdrawal—

(a) in a case in which the First-tier Tribunal has directed that any notice of withdrawal will take effect only with the consent of the Tribunal; or

(b) at a hearing.

(4) An application for a withdrawn case to be reinstated may be made by—

(a) the appellant; or

(b) a respondent,

where the appellant or respondent can satisfy the First-tier Tribunal that the appellant or respondent has good reason to apply for reinstatement.

(5) An application under paragraph (4) must be received by the First-tier Tribunal within 31 days of the earlier of—

(a) the day on which the applicant for reinstatement is presumed to have received the notification sent under paragraph (7) that the withdrawal has taken effect; or

(b) if the applicant for reinstatement was present at the hearing when the case was withdrawn orally under paragraph (1)(b), the day of that hearing.

(6) An application under paragraph (5) must set out the reasons on which the applicant relies in seeking reinstatement.

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