FACTSHEET No. 63

The Appeal System

This factsheet looks at the new appeal structure with reference to the relevant legislation.

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.

3. Where can I get more help and information?
You can find more information about the appeal structure on the Tribunals Service website at www.tribunals.gov.uk.

For more information about our factsheets and publications, you can contact CARA on +44 (0) 844 478 0015 -Mob: +44(0) 795 695 2645 -Fax: +44(0) 872 115 8436 -Email: info@cara-online.org.

Updated 8 April 2011