The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2685 |
| Year | 2008 |
(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 Social Entitlement Chamber of the First-tier Tribunal.(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 2002 ;
- “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 seekerF15, a failed asylum seeker or a person designated under section 130 of the Criminal Justice and Immigration Act 2008 (designation) , or the dependants of any such person;
- “criminal injuries compensation case” means proceedings concerning the payment of compensation under a scheme made under the Criminal Injuries Compensation Act 1995 F27or section 47 of the Crime and Security Act 2010;
- “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 F17a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, 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 1991 ;
- (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; ...
- (cc) F57an affected party within the meaning of section 61(5) of the Childcare Payments Act 2014, other than an appellant; or
- (d) a person substituted or added as a respondent under rule 9 (substitution and addition of parties) ;
... - “social security and child support case” means any case allocated to the Social Entitlement Chamber F21of the First-tier Tribunal except an asylum support case or a criminal injuries compensation case;
- “Tribunal” means the First-tier Tribunal.
To continue reading
Request your trial