View source for Upper Tribunal rule 44

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'''Application for permission to appeal'''

44.—(1) A person seeking permission to appeal must make a written application to the Upper Tribunal for permission to appeal.

(2) Paragraph (3) applies to an application under paragraph (1) in respect of a decision—

:(a) on an appeal against a decision in a social security and child support case (as defined in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008);

:(b) on an appeal against a decision in proceedings in the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal; [...]<ref name="a">[[Tribunal Procedure (Amendment) Rules 2009]] wef 1/4/09</ref>

:[(ba) on an appeal against a decision of a Pensions Appeal Tribunal for Scotland or Northern Ireland; or]<ref name="a"/>

:(c) in proceedings under the Forfeiture Act 1982.

(3) Where this paragraph applies, the application must be sent or delivered to the Upper Tribunal so that it is received within 3 months after the date on which the Upper Tribunal sent to the person making the application—

:(a) written notice of the decision;

:(b) notification of amended reasons for, or correction of, the decision following a review; or

:(c) notification that an application for the decision to be set aside has been unsuccessful.

(4) Where paragraph (3) does not apply, an application under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received within 1 month after the latest of the dates on which the Upper Tribunal sent to the person making the application—

:(a) written reasons for the decision;

:(b) notification of amended reasons for, or correction of, the decision following a review; or

:(c) notification that an application for the decision to be set aside has been unsuccessful.

(5) The date in paragraph (3)(c) or (4)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 43 (setting aside a decision which disposes of proceedings) or any extension of that time granted by the Upper Tribunal.

(6) If the person seeking permission to appeal provides the application to the Upper Tribunal later than the time required by paragraph (3) or (4), or by any extension of time under rule 5(3)(a) (power to extend time)—

:(a) the application must include a request for an extension of time and the reason why the application notice was not provided in time; and

:(b) unless the Upper Tribunal extends time for the application under rule 5(3)(a) (power to extend time) the Upper Tribunal must refuse the application.

(7) An application under paragraph (1) must—

:(a) identify the decision of the Tribunal to which it relates;

:(b) identify the alleged error or errors of law in the decision; and

:(c) state the result the party making the application is seeking. 

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