Disability Rights UK Factsheet

The Appeal system

This factsheet looks at the new appeal structure with reference to the relevant legislation. You can find out more about appeals in Disability Rights UK's Disability Rights Handbook, available to buy at www.radar-shop.org.uk/.

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

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:

• General Regulatory Chamber
• Health, Education and Social Care Chamber
• Social Entitlement Chamber
• Tax Chamber
• War Pensions and Armed Forces Compensation Chamber (applies only in England and Wales)

The Social Entitlement Chamber

The Social Entitlement Chamber hears appeals:

• on asylum support cases;
• on criminal injuries compensation cases;
• regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payment, health in pregnancy grant, tax credits and child trust funds;
• regarding payments in consequence of diffuse mesothelioma;
• regarding a certificate or waiver decision in relation to NHS charges;
• regarding entitlement to be credited with earnings or contributions;
• against a decision as to whether an accident was an industrial accident.

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:

• Administrative Appeals Chamber
• Finance and Tax Chamber
• Lands Chamber

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:

• the proposed appeal would raise some important point of principle or practice; or
• there is some other compelling reason for the relevant appellate court to hear the appeal.

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. Where can I get more help and information?

You can get help and information at your local advice centre, such as a Citizens Advice Bureau. You can get more information about where to get personal advice from our Factsheet F15 - Finding a local advice centre, available at www.disabilityalliance.org/f15.htm.

You can find more information about the appeal structure on the Courts and Tribunals Service website at www.justice.gov.uk/about/hmcts/index.htm.

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

• Factsheet F11 - tips for preparing for tribunals
• Factsheet F36 - reconsideration and appeal - the basics
• Factsheet F37 - medical evidence and appeals
• Factsheet F38 - first tier tribunal submissions
• Factsheet F39 - appealing to the upper tribunal against a first tier tribunal decision

8 April 2011