Frequently Asked Questions
Making an Appeal
Appeals are started by the appellant obtaining a 'Notice of Appeal' form. The form explains the information needed to make an appeal.
From 1st January 2018 this appeal form should be sent to:
The Pensions Appeal Tribunal, 126 George Street, Edinburgh, EH2 4HH
Once this form is completed and returned the Pensions Appeal Tribunal Scotland will ask the Veterans UK to prepare a collection of papers known as the "Statement of Case". It can take 6 months or longer for Veterans UK to do this. Once the Statement of Case is prepared, Veterans UK will then send a copy of this to the appellant, the appellant's representative (if one has been appointed) and to the Pensions Appeal Tribunal Scotland office in Edinburgh. The Pensions Appeal Tribunal will then aim to list the appeal for a hearing within 3 to 4 months of receiving the Statement of Case.
Where will my appeal by heard?
The Tribunal administration will arrange for your appeal to be heard in Edinburgh or remotely by Telephone or Video conferencing.
When will my appeal be heard?
Appeals are listed in accordance with the date that the appeal paperwork (or 'Statement of Case) is received within the office (see note above). The average waiting time for an appeal to be heard is usually around 3- 4 months from the date the Tribunal receives this documentation from Veterans UK.
What is the date of my hearing?
Once we have arranged for your appeal to be heard, we will send you a 'Notice of Hearing', within which we will inform you of the date, time and place. We will also inform your representative of the hearing details (if applicable). NB. If you change address, we must be notified as soon as possible, so that we send your hearing notice and any other correspondence to the correct address.
Do I have to attend my appeal hearing?
Anybody who has an appeal has the right to attend his or her hearing. You also have the right to request that your appeal is heard in your absence. There is a standard form that needs to be completed and signed, so that the Tribunal can proceed in your absence.
Can I provide oral evidence in tribunal proceedings abroad?
Where a party wishes to lead evidence by telephone or video from a witness located in a country outside the UK and that witness is unable to give evidence from within the UK, it would be helpful if the party could:
- contact the tribunal to make staff aware of their intention to lead such evidence; and
- confirm whether the proposed witness is a citizen or a resident in that country or not, so that the tribunal is made aware of the reason why the party requests that oral evidence is given from that country.
It would be helpful if this information could be provided to the appropriate tribunal as soon as parties become aware of the need for that witness to give evidence from outside the UK. In other words, at the earliest possible opportunity.
This will allow SCTS staff to identify, in collaboration with the Foreign, Commonwealth and Development Office, whether the government of the country in which the evidence is going to be led consents to the leading of such evidence from within their jurisdiction. If such consent is provided, this information will allow operational staff and the tribunal member(s) presiding over the proceedings to confirm whether they are content for evidence to be led in this way and, if so, to make suitable arrangements.
This request aligns with the approach being taken by His Majesty’s Courts and Tribunals Service and the Foreign, Commonwealth and Development Office in relation to tribunal proceedings in England and Wales.
Can I record my hearing?
Appellants and their representatives are reminded that they should not record the tribunal proceedings. To do so, without the agreement of the tribunal, is a Contempt of Court under section 9 of the Contempt of Court Act 1981 and may incur a penalty under section 15. This applies to both in-person and remote hearings. A recording of the hearing proceedings will be undertaken by the Tribunal administration for judicial use only.
Can I be represented at my appeal hearing by someone else or be accompanied by a representative?
You can be represented at your hearing by a nominated representative provided that the Pensions Appeal Tribunal Scotland is notified of this several weeks in advance of the hearing itself. In this situation, we would expect to be sent a written mandate, from your representative, which authorises them to attend on your behalf. You can also come to your hearing accompanied by your representative (and / or a companion if there is a particular medical reason why this is required). In both situations, the Tribunal office would require advance notice of these arrangements.
Can my escort claim for expenses?
In order for your escort's expenses to be reimbursed, we will require a letter from your Doctor, confirming that you will need an escort. Once this has been received, the Chairperson will authorise your escort's expenses on the day of your appeal hearing. Your escort will be unable to claim expenses unless a Doctor's letter has been approved.
How can I withdraw my appeal?
The general procedure for withdrawing your appeal is to write to the Veterans UK, so that they may advise us to strike out your appeal. Alternatively, you may inform the Tribunal office in Edinburgh.
How can I find out about the outcome of my appeal?
The Chairperson might inform you of your decision at the end of the appeal hearing however our general procedure is that a written decision will be sent to you through the post and by email (if applicable) within 2 weeks of your hearing date. If you do not receive a copy or wish to have a replacement, all requests should be made in writing. We are unable to provide you with the decision over the telephone.
Can I appeal against the Tribunal's decision?
If your appeal is unsuccessful, you may apply for leave to appeal to the Upper Chamber of the Administrative Justice Tribunal, on a question of law. The application must be submitted within 6 weeks of the date of the decision.
Is there a time limit for appealing?
Yes, you must appeal within 2 years of getting your decision letter.