Anonymous

Difference between revisions of "Social Security Tribunal Overview (8:XIII)"

From Clicklaw Wikibooks
 
Line 67: Line 67:
: If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately up to the Tribunal’s discretion as to whether to grant the extension. When a Notice of Appeal is received, a Tribunal Member will be assigned to the claimant’s file to decide whether to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are:
: If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately up to the Tribunal’s discretion as to whether to grant the extension. When a Notice of Appeal is received, a Tribunal Member will be assigned to the claimant’s file to decide whether to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are:


::* the General Division failed to observe a principle of natural justice or otherwise acted beyond, or refused to exercise, its jurisdiction;
:* the General Division failed to observe a principle of natural justice or otherwise acted beyond, or refused to exercise, its jurisdiction;
 
:* the General Division erred in law in making its decision; or,
::* the General Division erred in law in making its decision; or,
:* the General Division based its decision on an erroneous finding of fact that was made in a perverse or capricious manner or without regard for the evidence before it.
 
::* the General Division based its decision on an erroneous finding of fact that was made in a perverse or capricious manner or without regard for the evidence before it.


A claimant will be informed in writing if their application for permission to appeal is dismissed. Permission is not required when appealing a General Division decision to summarily dismiss the appeal.
A claimant will be informed in writing if their application for permission to appeal is dismissed. Permission is not required when appealing a General Division decision to summarily dismiss the appeal.
2,734

edits