Disability Alliance Factsheet

The Appeal system

This factsheet looks at the new appeal structure with reference to the relevant legislation.

1. Implementation of the appeal system

The current appeal structure began on 3 November 2008 with the creation of a two tier appeal system.

Under this system the tribunal chair and the commissioners are to be known as judges. Social security and child support appeals in Northern Ireland continue to be dealt with by Commissioners.

1.1 The First Tier

The Chambers in the First Tier are the:

The Social Entitlement Chamber

The Social Entitlement Chamber hears appeals:

Tribunal members

The number of tribunal members are still dependent on the appeal being made, for example whether it is a disability living allowance or employment and support appeal. See our Factsheet F36 - reconsideration and appeal - the basics for more information.

1.2 The Upper Tribunal

The Upper Tribunal hears appeals from the first tier. The chambers are the:

Appeals from the Social Entitlement Chamber are heard by the Administrative Appeals Chamber.

1.3 Appeals to the Court of Appeal

Permission to appeal to the Court of Appeal in England and Wales or leave to appeal to the Court of Appeal in Northern Ireland shall not be granted unless the Upper Tribunal or, where the Upper Tribunal refuses permission, the relevant appellate court, considers that:

2. The role of the Tribunals Service

The Tribunals Service continues to provide administration of the new appeal system. See our Factsheet F36 - reconsideration and appeal - the basics for more information.

3. Relevant law and guidance on appeal tribunal reform

4. Where can I get more help and information?

You can find more information about the appeal structure on the Tribunals Service website at www.tribunals.gov.uk.

For more information on the appeals process see the following factsheets:

You can obtain copies of our factsheets and publications by contacting Disability Alliance on  020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All factsheets are available at www.disabilityalliance.org/fact.htm. All publications are available at www.disabilityalliance.org/shop.htm.

www.disabilityalliance.org - April 2010