How to Apply for a review of a tribunal decision or ask permission to appeal

 

Review of a decision

The person making the appeal or the Agency can apply for a review of the decision.  An application  must be made within 14 days from the date the full decision was sent to you or when the full written statement of reasons was sent to you, if this was later. Your application must be in writing and you must list the point or points of law you wish to rely on when making an application for review.

The Tribunal can also decide to review their own decision.

What can happen?

  • The Tribunal can refuse the application for review and inform you in writing.
  • The Tribunal can accept the application and may hold a hearing to review the decision.
  • The Tribunal can ask the other party for their views on the application and whether a hearing should take place to discuss it.
  • If the review is unsuccessful the Tribunal will  also treat your application for review as a request for permission to appeal to the Upper Tribunal for Scotland. You should inform the Tribunal if you do not wish them to treat it as a permission to appeal request.   

How do I apply for permission to appeal to the Upper Tribunal?

There is no form for this but your application must be in writing and received in the Tribunal office within 30 days from the date the Tribunal issued either a full decision or the full written statement of reasons. In your application you must identify the decision of the Tribunal to which you appeal relates. Include the point or points of law that you wish to appeal. You must also state the result you are seeking from the appeal.

What can happen?

  • The Tribunal will consider the application for permission to appeal and send its decision to you and The Agency (Social Security Scotland) as soon as possible.
  • If the Tribunal refuses permission to appeal, the decision will provide reasons why and information about how you can make a further application to appeal directly to the Upper Tribunal.
  • If the Tribunal grants permission to appeal, you can then appeal to the Upper Tribunal which has the power to refuse the appeal, allow the appeal and remake the decision or set aside the decision and direct the Tribunal to hold a hearing to make a new decision.

Clerical errors

If you think there is a clerical mistake or accidental slip or something has been missed in a decision then you can ask the Tribunal to correct that.

How to contact the tribunal?

Contact the Tribunal by post or email

 

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