|
The following information describes what happens when your appeal has been forwarded to The Appeals Service. It is general guidance only and should not be treated as a complete and authoritative statement of the law.
What is The Appeals Service?The Appeals Service Northern Ireland (TAS(N.I.)) is an organisation which will handle all the administrative arrangements for your appeal e.g. arranging the date, place, and time of your hearing and issuing the relevant papers connected with the appeal. It is a separate organisation from the Social Security and Child Support Agencies, the Northern Ireland Housing Executive, the Rates Collection Agency and the Inland Revenue. The Appeals Service has its own administrative head.
Are Tribunals independent?The decision making function of the Appeal Tribunal is completely independent of the Department for Social Development and any other Government Department or Agency. This function is the responsibility of a President, a lawyer appointed by the Lord Chancellor. Tribunal members are also appointed by the Lord Chancellor.
What will the Tribunal do?The Appeal Tribunal will take a fresh look at the decision, which you are appealing, and decide whether it is right or wrong. Going to an Appeal Tribunal hearing is not like going to court because tribunals do not have any formal procedural rules, and you may choose any representative you wish.
The Tribunal will listen to what you, and/or your representative (if you have one) have to say, and to anything which the representative of the decision maker who made the decision may have to say. The views of any other party to the proceedings will also be taken into consideration.
The Tribunal in all instances will have a legally qualified member. He/she can sit alone to decide the cases except in the following circumstances: -
Appeals in relation to Disability Living Allowance
A legally qualified member will sit with: -
- a medically qualified member and
- a member who has experience of dealing with the needs of the disabled in a professional or voluntary capacity or because they are themselves disabled.
Appeals against Incapacity Benefit, Industrial Injuries Benefit and Severe Disablement Allowance
- A legally qualified member will sit with one or two medically qualified members.
Appeals in relation to Compensation Recovery
- A legally qualified member will sit with a medically qualified member where the appeal is under Article 13(1)(b) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1977.
Additionally
In appeals where the issue is one of financial complexity, the President of Tribunals may appoint a financially qualified member to sit with the tribunal. For training and monitoring of tribunal members, the President may also appoint an additional member.
At all tribunal hearings the members of the Tribunal will want to ask you questions. In appeals relating to disablement issues, the questions asked will specifically relate to your medical condition, and how this affects your everyday life. These questions at times will be of an intimate or personal nature since the Tribunal must ascertain your precise care and/or mobility needs.
In all cases the Tribunal will make its own decision which could be:
- more favourable than the decision appealed against, or
- the same as the decision of the Department, or
- less favourable than the decision you have appealed against, in which case you could lose an existing award of benefit, or the amount of Child Support payable may be altered.
Who is the Clerk to the Appeal Tribunal?The Clerk makes all the administrative arrangements for the hearing of your appeal and will be on hand at the hearing itself to provide any assistance which you may require. He or she will also assist the Appeal Tribunal. However the Clerk plays no part in the decision of the Appeal Tribunal.
The Citizens Advice Bureaux, Welfare Rights Workers, local advice centres or some Trade Union representatives have experience in dealing with appeals. If your appeal is complicated they should refer you to a specialist advisor. There are such advisors attached to the Law Centre (Northern Ireland) and some solicitors are experienced in such cases. The Law Centre (NI) also provides advice and representation regarding Child Support appeals. Although based in Londonderry this service applies across Northern Ireland:
Law Centre  9 Clarendon Street Londonderry BT48 7EP Telephone 028 7126 2433 Further information can be obtained from the following organisations:
Citizens Advice Bureaux - Your Local Citizens Advice Bureau Office
Trade Unions - contact:
Northern Ireland Committee of Irish Trade Unions
Congress House
3 Wellington Park
Belfast
BT9 6DJ
Telephone: 028 9068 1726
Solicitors - See legal advice list or contact: Law Society 90 Victoria Street Belfast BT13GN Telephone: 028 9023 1614
Local Advice Centres - contact: Advice NI 1 Rushfield Avenue Belfast BT7 3FP Telephone: 028 9064 5919
or
What happens when I make an appeal?As explained in the letter you must now decide how you want your appeal dealt with and tell us your decision within 14 days.
To help you make this decision you will have received a set of papers called a submission. This has been prepared by the Agency or Authority responsible for making the decision you are now appealing. The submission sets out the reasons for making the decision, the legislation used and any relevant information from your claim.
You have the following choices: -
Oral hearing - This is where you and your representative (if you have one), attend in person to put forward your case and present your evidence directly to the Tribunal. A representative of the decision maker who made the decision may also attend to explain the decision appealed. Your appeal is more likely to be successful if you attend in person.
An oral hearing will be held in public unless a private hearing is requested by the appellant, or the chairman, for special reasons, directs a private hearing.
You should note that the following people are entitled to be at an oral hearing, whether or not it is in private, however they do not take part in the proceedings:
- the president
- any person undergoing training as a legal member/panel member/ tribunal clerk
- any person training panel members or monitoring the standard of decision making
- and any other person with the consent of the chairman
Paper determination - The appeal will be decided by the Appeal Tribunal solely on the papers provided by the officer of the Agency or Authority responsible for making the decision in your case, together with any written submission, or evidence, you, or your representative, send to us, or authorise us to obtain.
If you do not tell us what type of hearing you want within 14 days of the date of the enclosed letter your appeal may be struck out. This means that your appeal will not progress any further and no further action will be taken by The Appeals Service.
Even if you decide not to have an oral hearing of your appeal, the Tribunal Clerk may advise you that an oral hearing will take place because another party to the proceedings has requested one, or the Appeal Tribunal Chairman has decided that one is necessary in order to deal with the case as fully as possible.
What happens when I tell you the type of hearing I want?Oral hearing - If you decide that you want an oral hearing we will send you details of the date, place and time of the hearing. We will do this at least 14 days before the hearing date. Please note that the time stated will be the earliest time that the hearing will begin. Delays do occur because it is impossible to estimate how long each appeal will last.
Paper Determination - If you are content to proceed without an oral hearing, your appeal will be heard on or after 14 days from the date at the top of the letter that accompanies this leaflet. Therefore, if you have any further information you would like the Tribunal to see, please send all relevant documents to the Appeals Service within that time.
If you change your mind, and decide you want an oral hearing, you must write immediately to the Tribunal Clerk before your appeal is decided. The Clerk will write and tell you if an oral hearing has been granted.
The Appeal Tribunal makes its decision on the basis of all the information made available to it. It is therefore important that you provide all the evidence which you want considered, including any documents such as medical reports or witness statements. The Appeal Tribunal will already have copies of all the documents which the decision maker in the Agency or relevant Authority used to make the decision which you have appealed.
As your appeal hearing is a completely fresh look at your case, the tribunal will be able to look at any additional evidence or information which either you or any other party to the hearing wish to present to it. However, only evidence about the situation when the decision was made is considered. If your circumstances have changed since the decision was made, you should tell the Agency or relevant Authority dealing with your case.
The better and more comprehensive the evidence you can offer in support of your case, the greater chance your appeal has of succeeding.
For example, you might have some medical reports or records which you think the tribunal should see.
If you have requested an oral hearing and wish to place additional evidence before the Tribunal:
- Collect it together as soon as you can and send it to the clerk. If you cannot get the additional evidence to the Clerk at least 2 days before the date of your hearing, then bring it with you and give it to the Clerk as soon as you arrive. If a photocopier is available, he/she will arrange for copies to be made for the Tribunal and the Agency’s or the relevant Authority’s representative. This will give them time to consider this evidence before the hearing, so avoiding a possible adjournment of your appeal hearing.
If you have requested a paper determination and wish to place additional evidence before the Tribunal:
- Collect it together and send it to the clerk within 14 days of the date at the top of the letter that gives the decision.
Where the appeal is in respect of Disability Living Allowance, Industrial Injuries Benefit and Severe Disablement Allowance, it would be helpful to the Tribunal dealing with your appeal to have access to your General Practitioner notes or your hospital records. If either of these are needed, you will receive a letter asking you to consent to the release of your medical records.
What happens at an oral hearing?At the hearing you will be met by the Clerk, who will explain to you where to go and what will happen. He/she will take you into the Tribunal room when your case is ready for hearing.
The notice advising you of the hearing gives a time. This is the earliest time your appeal will be heard. Delays occur because it is impossible to estimate precisely how long each appeal will last. However, waiting time is kept to a minimum.
Hearings do not normally go on later than 1.00pm for morning sessions and 5.00pm for afternoon sessions. Please try to remember this if you are arranging child minders.
The exact manner in which the hearing is conducted is a matter for the Tribunal Chairman, but most cases follow the same general pattern -
- the Chairman introduces everyone and explains how the hearing will proceed;
- the Authority’s or Agency’s representative briefly outlines the way that he/she sees the case. He/she may also ask you questions;
- the Chairman and/or members of the Tribunal will ask questions and consider any additional evidence as the hearing proceeds. In appeals relating to disablement issues, the questions asked will often be of an intimate or personal nature, as the tribunal needs to establish how your medical condition affects your everyday life, with regard to care/mobility needs;
- you, or your carer, or your representative, then put your side of the case;
- in Child Support appeals, both parents will be given an opportunity to address the Tribunal.
There are no special rules about documents or witnesses giving evidence to the Tribunal. Occasionally, a witness may be asked to give evidence on oath.
Mechanical Recording of Tribunal ProceedingsMechanical recording in sound, film, video or any other recording medium, of tribunal proceedings is not permitted. In particular, the use of tape recorders, digital recorders of sound and / or vision, video and film cameras is forbidden in tribunal hearing rooms or any adjoining premises.
Where a medical issue arises in an appeal involving Severe Disablement Allowance or Industrial Injuries Benefit, the Tribunal may find it desirable, with your consent, to carry out a medical examination. If so, the examination will be conducted in private by the medical members of the Tribunal.
At the end of the hearing, the Chairman will ask everybody to leave the room while the Tribunal considers its decision. Please wait in the waiting room until the clerk tells you that you may leave. Sometimes the Tribunal might want to ask you something further and if you are still in the building you can help there and then instead of having to come back another time.
When will I be told the Tribunal’s decision?The Tribunal aim to give the decision on the day, although this is not always possible. Where the decision is given on the day, the Tribunal will invite everyone back into the Tribunal hearing room to tell them the decision. You will normally be given a written copy of the decision on the day also.
The reasons for the decision can be requested in writing within one month of the decision being given or sent to you.
You can also request a copy of the record of proceedings of the tribunal within six months.
The decision, which you are appealing against, may be revised by an officer of the agency before your appeal is decided. If the new decision is to your advantage your appeal will lapse. You will however have a right of appeal against the new decision.
A party to the appeal may make a request in writing for the postponement of the Tribunal hearing. The application should clearly set out the reasons for the request. The Clerk to the Tribunal, or the legally qualified panel member, will decide if the postponement is granted and the applicant will be notified of the decision in writing.
The Clerk to the Tribunal or the legally qualified panel member may also decide to postpone a case at any time before a hearing has begun.
Directions issued by the Tribunal or the Clerk to the TribunalThe Clerk to the Tribunal, or the legally qualified panel member, may issue directions to the person appealing. A time limit for replying to the direction, or providing information, may be given. Failure to reply within the stipulated time, or to providing the information requested, may result in the appeal being struck out.
An appeal may be withdrawn at an oral hearing or at any other time before the case is decided. All requests to withdraw, except for those made at the hearing, must be in writing.
Confidentiality of information in Child Support casesIf, in response to an enquiry from the Child Support Agency, you have indicated that you want to keep your location confidential, your address, or information which could reasonably be expected to lead to your location, will be withheld from the appeal papers being issued to the other party.
What if I need help with communication because of a hearing impediment?An Induction Loop (AFILS) has been installed in one of our tribunal rooms in Cleaver House for the benefit of Hearing Aid Users. If you wish to use this facility please tell us as soon as possible in order that we can arrange for your appeal hearing to be held in this room.
A portable loop is also available for use in all the outcentres, if you wish to use this facility please tell us as soon as possible.
Alternatively contact the Appeals Service who will arrange for an interpreter to attend the hearing.
The law relating to appealsThe legislation governing appeals is:
- The Social Security (Northern Ireland) Order 1998
- The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 as amended.
- The Social Security (Recovery of Benefits) (Northern Ireland) Order 1977
- Child Support, Pensions and Social Security Act (Northern Ireland) 2000
- The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001
- Northern Ireland Digest Of Case Law (NIDOC)
NIDOC contains a selection of decisions given by Northern Ireland Social Security and Child Support Commissioner’s on benefit, Child Support and Compensation Recovery appeals.
Can I claim for my expenses?
Yes. Normally, the Clerk at the hearing will give you a form on which to claim your expenses and a girocheque will be sent to you later by post. Some information is given here but ask the clerk what you can claim for and what the current rates are.
Travelling expenses
A travel warrant can be provided if you have to use Ulsterbus or a train to travel to the hearing. Alternatively the clerk to the Tribunal will provide you with a form to enable you to claim a refund of public transport costs incurred. We are sorry but refunds cannot be made on the day.
- If you use your own car to travel to the Tribunal hearing you may claim expenses at the current public mileage rate. If, because of a disability, you are unable to use public transport or there is no suitable transport available in your locality, the reasonable cost of a taxi fare may be refunded in certain circumstances. Please contact the clerk to the Tribunal for further details.
- In exceptional circumstances the clerk may be able to organise a taxi for you. For example, there may not be any taxi firms in your area or you may be unable to meet the cost of the taxi fare. If this is the case please contact the clerk to the tribunal for further details.
- If you live in Great Britain, please contact the clerk to the tribunal before making travel arrangements.
Subsistence
To get this allowance you must be away from home for at least two and a half hours while attending the hearing. If you have to spend a night away from home, you can claim overnight subsistence allowance unless bed and board is provided at public expense, for example, in hospital. You cannot claim overnight subsistence if you are able to travel to and from the tribunal hearing on the same day.
Compensation for loss of earnings
If you lose earnings by attending, you may claim for earnings lost on the day of the hearing. We cannot pay compensation for a full day if you could reasonably have worked before or after attending the hearing. Therefore, you should make arrangements with your employer so that you lose as little working time as possible. We cannot pay you any more than the daily maximum amount, nor can we pay for more than 3 consecutive days in any one week.
If you intend claiming, you should ask your employer for a certificate to support your claim. The certificate should have your employer’s stamp on it and show details of how much you expect to lose and your hourly rate of pay.
If you cannot get a certificate before you attend, you can get one when you return to work and send the claim in then.
In self-employed cases the amount payable is limited to what appears to be a reasonable amount and to the daily maximum amount. If you are self-employed, you do not need a certificate. Instead, write, “self-employed” after your occupation and work out the amount you have lost (if any) by attending the tribunal hearing.
Childminding and similar expenses
We can pay an allowance up to a maximum amount to cover the cost of employing a person to look after your children or an elderly or infirm close relative while you attend the tribunal hearing. The allowance will be paid on production of a receipt or a letter from the carer showing the amount you have had to pay.
If someone comes with you, for example an escort, a witness or a representative, that person may also be entitled to expenses.
A complaints procedure is in place and available to parties who are dissatisfied with the administrative service provided by The Appeals Service (NI).
Contact us
We hope that you have found this information useful. Please let us know if you have any problems with your appeal, which we could help you with. You can contact us at the Appeal Service Belfast or the Appeal Service Omagh |
