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The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018

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Application for permission to appeal against a decision of the First-tier Tribunal

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3.—(1) A person may lodge with the Upper Tribunal an application for permission to appeal against a decision of the First-tier Tribunal, where the First-tier Tribunal has refused permission to appeal in whole or in part.

(2) An application for permission to appeal must—

(a)identify the decision of the First-tier Tribunal to which it relates; and

(b)identify the alleged point or points of law in relation to the decision.

(3) The appellant must provide with the application for permission a copy of—

(a)any written record of the decision being challenged;

(b)any separate written statement of reasons for that decision; and

(c)the notice of refusal of permission to appeal from the First-tier Tribunal.

(4) If the appellant lodges the application for permission to appeal with the Upper Tribunal after the expiry of the 30 day period referred to in regulation 3(1) of the 2016 Regulations—

(a)the application for permission to appeal must—

(i)include a request for an extension of time;

(ii)explain why the application for permission to appeal was not made in time; and

(iii)state why it is said to be in the interests of justice that the time be extended.

(b)unless the Upper Tribunal extends the time for lodging an application for permission to appeal the Upper Tribunal must not admit the application for permission to appeal.

(5) The Upper Tribunal may, where the First-tier Tribunal has refused permission to appeal—

(a)refuse permission to appeal;

(b)give permission to appeal; or

(c)give permission to appeal on limited grounds or subject to conditions,

and must send a notice of its decision to each party including reasons for a refusal of permission or for limitations or conditions on any grant of permission.

(6) Where the Upper Tribunal, without a hearing—

(a)refuses permission to appeal; or

(b)gives permission to appeal on limited grounds or subject to conditions,

the appellant may make a written application (within the period of 14 days beginning with the day on which the appellant is presumed to have received notice of refusal of permission, sent under paragraph (5)) to the Upper Tribunal for the decision to be reconsidered at a hearing.

(7) An application under paragraph (6) must be heard and decided by a member or members of the Upper Tribunal different from the member or members who refused permission without a hearing.

(8) Where the Upper Tribunal gives permission to appeal against a decision of the First-tier Tribunal, a valid notice of appeal will be deemed to have been provided to the Upper Tribunal, for the purposes of rule 4 (notice of appeal against a decision of the First-tier Tribunal).

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