The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
| Year | 2008 |
2008 No. 2685 (L. 13)
Tribunals And Inquiries
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
Made 9th October 2008
Laid before Parliament 15th October 2008
Coming into force 3rd November 2008
After consulting in accordance with paragraph 28(1) of Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071, the Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by sections 20(2) and (3) of the Social Security Act 19982and sections 9(3), 22 and 29(3) of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
PART 1
Introduction
Citation, commencement, application and interpretation
1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and come into force on 3rd November 2008.
(2) These Rules apply to proceedings before the Tribunal which have been assigned to the Social Entitlement Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 20083.
(3) In these Rules—
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
“appeal” includes an application under section 19(9) of the Tax Credits Act 20024;
“appellant” means a person who makes an appeal to the Tribunal, or a person substituted as an appellant under rule 9(1) (substitution of parties);
“asylum support case” means proceedings concerning the provision of support for an asylum seeker or his or her dependants;
“criminal injuries compensation case” means proceedings concerning the payment of compensation under a scheme made under the Criminal Injuries Compensation Act 19955;
“decision maker” means the maker of a decision against which an appeal has been brought;
“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 19906, an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland;
“party” means—
(a) a person who is an appellant or respondent in proceedings before the Tribunal;
(b) a person who makes a reference to the Tribunal under section 28D of the Child Support Act 19917;
(c) a person who starts proceedings before the Tribunal under paragraph 3 of Schedule 2 to the Tax Credits Act 2002; or
(d) if the proceedings have been concluded, a person who was a party under paragraph (a), (b) or (c) when the Tribunal finally disposed of all issues in the proceedings;
“practice direction” means a direction given under section 23 of the 2007 Act;
“respondent” means—
(a) in an appeal against a decision, the decision maker and any person other than the appellant who had a right of appeal against the decision;
(b) in a reference under section 28D of the Child Support Act 1991—
(i) the absent parent or non-resident parent;
(ii) the person with care; and
(iii) in Scotland, the child if the child made the application for a departure direction or a variation;
(c) in proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002, a person on whom it is proposed that a penalty be imposed; or
(d) a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
“Social Entitlement Chamber” means the Social Entitlement Chamber of the First-tier Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008;
“social security and child support case” means any case allocated to the Social Entitlement Chamber except an asylum support case or a criminal injuries compensation case;
“Tribunal” means the First-tier Tribunal.
Overriding objective and parties’ obligation to co-operate with the Tribunal
2.—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2) Dealing with a case fairly and justly includes—
(a)
(a) dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;
(b)
(b) avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)
(c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)
(d) using any special expertise of the Tribunal effectively; and
(e)
(e) avoiding delay, so far as compatible with proper consideration of the issues.
(3) The Tribunal must seek to give effect to the overriding objective when it—
(a)
(a) exercises any power under these Rules; or
(b)
(b) interprets any rule or practice direction.
(4) Parties must—
(a)
(a) help the Tribunal to further the overriding objective; and
(b)
(b) co-operate with the Tribunal generally.
Alternative dispute resolution and arbitration
3.—(1) The Tribunal should seek, where appropriate—
(a)
(a) to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and
(b)
(b) if the parties wish and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.
(2) Part 1 of the Arbitration Act 19968does not apply to proceedings before the Tribunal.
PART 2
General powers and provisions
Delegation to staff
4.—(1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
(3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
Case management powers
5.—(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
(a)
(a) extend or shorten the time for complying with any rule, practice direction or direction;
(b)
(b) consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether in accordance with rule 18 (lead cases) or otherwise);
(c)
(c) permit or require a party to amend a document;
(d)
(d) permit or require a party or another person to provide documents, information, evidence or submissions to the Tribunal or a party;
(e)
(e) deal with an issue in the proceedings as a preliminary issue;
(f)
(f) hold a hearing to consider any matter, including a case management issue;
(g)
(g) decide the form of any hearing;
(h)
(h) adjourn or postpone a hearing;
(i)
(i) require a party to produce a bundle for a hearing;
(j)
(j) stay (or, in Scotland, sist) proceedings;
(k)
(k) transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and—
(i) because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; or
(ii) the Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case; or
(l)
(l) suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.
Procedure for applying for and giving directions
6.—(1) The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.
(2) An application for a direction may be made—
(a)
(a) by sending or delivering a written application to the Tribunal; or
(b)
(b) orally during the course of a hearing.
(3) An application for a direction must include the reason for making that application.
(4) Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction to every party and to any other person affected by the direction.
(5) If a party or any other person sent notice of the direction under paragraph (4) wishes to challenge a direction which the Tribunal has given, they may do so by applying for another direction which amends, suspends or sets aside the first direction.
Failure to comply with rules etc.
7.—(1) An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction, does not of itself...
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