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Overview

You can appeal a decision made by the Infected Blood Compensation Authority (IBCA) about your infected blood compensation scheme application.

Appeals are decided by the Social Security and Child Support (SSCS) Tribunal, which is supported by HM Courts and Tribunals Service (HMCTS). The tribunal is impartial and independent of government and the IBCA.

The tribunal will make a decision after reviewing all the evidence and listening to both sides. For example, the tribunal could decide that:

• you鈥檙e entitled to compensation
• you鈥檙e entitled to a different amount of compensation
• the IBCA鈥檚 original decision was correct

Before you appeal

You must ask for the decision about your application to be looked at again before you can appeal 鈥� this is called a review decision. After the review, you will be sent a decision notice with the outcome of the review.

Right to appeal

If the review decision notice says that you have the right to appeal, you can start your appeal.

If the review decision notice says that you do not have the right to appeal, and you believe you do, you can start your appeal. However, you鈥檒l need to say in your appeal why you believe you have the right to appeal.

You can get help before you appeal.

How to appeal

It is free to appeal a decision by the IBCA.

You will need:

• your IBCA reference
• the details of the representative helping with your appeal (if you are using one)
• your review decision notice

You must appeal to the tribunal within one calendar month of getting your review decision notice.

Your appeal will be decided by a聽tribunal. When you appeal you鈥檒l be asked if you want to:

• attend and take part in your hearing in person, by video or by telephone
• have your appeal decided without attending the hearing 鈥� this is also known as a 鈥榩aper hearing鈥�

The IBCA will also be asked how they would like the appeal to be decided.

You can find out more about the hearing before you appeal.

If your appeal is late

If you appeal later than one calendar month after getting your review decision notice, you鈥檒l need to explain why.

If your appeal is:

• less than 13 months late, the IBCA will consider the reasons you give 鈥� if they object, a judge will decide if your appeal can go ahead
• 13 months late or more, a judge will decide if your appeal can go ahead

Appeal online

Appeal by post

To appeal by post you鈥檒l need to complete form SSCS8.

Register a representative to help with your appeal

You can nominate someone as a 鈥榬epresentative鈥� to help you with your appeal. A representative can:

• help you submit your appeal or prepare your evidence

• act on your behalf

• give you advice

Anyone can be a representative, including friends and family.

You might also be able to find a representative through a聽local library聽or from an organisation that gives advice on infected blood compensation applications.

Your representative will have permission to act on your behalf, for example to respond to letters. They鈥檒l be sent all the information about your appeal, including any medical evidence.

To register a representative, you can either:

• name your representative when you submit your appeal

• register a representative at any point after you submit your appeal

After you鈥檝e appealed

If your appeal has been accepted, we will send you confirmation.

If we need more information about your appeal, we will contact you.

What the IBCA will do when you appeal

The IBCA will receive a copy of your appeal and will review:

• their decision again
• the information and evidence you have given

The IBCA can change their original decision at any time before the hearing. If this happens, the IBCA will send you a new review decision. If you want to appeal the new decision, you will need to start a new appeal.

If the IBCA object to your appeal

The IBCA might object to your appeal because, for example, it:

• is against a decision that does not have a right of appeal
• is late without a good reason
• does not have enough information
• is unlikely to succeed

If the tribunal think that the objection may be valid, they will write to you to:

• explain why the IBCA has objected to your appeal
• ask you to respond to the objection

The judge will then review your case and decide if the appeal can continue.

If the IBCA does not object to your appeal

The IBCA must provide a response explaining how they came to their original decision. Their response will include:

• the decision being appealed
• a summary of the relevant facts
• the reasons for their decision
• extracts from the relevant law
• a copy of your appeal form or letter
• copies of relevant documents 鈥� for example a claim form, medical reports and letters
• anything the IBCA considered when making their decision

The IBCA has 28 days from the date they received your appeal to provide a response. However, the IBCA can ask for an extension. If this happens, we will let you know.

The IBCA will send you and your representative (if you have one) a copy of their response, which you鈥檒l need to read.

If you decide to continue with your appeal, we will:

• arrange for your appeal to be heard
• contact you about how to provide further evidence to the tribunal before the hearing

If you decide to not continue with your appeal, you鈥檒l need to contact us in writing to withdraw your appeal. If you do not tell us you want to withdraw your appeal, we will continue with your appeal.

The hearing

If you need to submit any further evidence to support your appeal before the hearing, you must send it to us within 28 days of receiving the IBCA鈥檚 response. If you need more time, you must contact us.

Hearings you can take part in

You can attend and take part in your hearing in person, by video or by telephone.

If you want to attend a hearing in person, you鈥檒l be expected to attend a tribunal in Great Britain (England, Scotland and Wales). We will try to make sure your hearing venue is nearest either to:

• where you live
• your place of arrival if you live outside of Great Britain

You can find your nearest tribunal.

If you want to take part in a hearing by video, you will need to provide your email address when you appeal. During the hearing you will need:

• access to a computer or mobile device with good internet speed
• somewhere quiet and private to speak

If you want to take part in a hearing by telephone, you will need to provide your telephone number when you appeal. During the hearing you will need somewhere quiet and private to speak.

We will send you a letter confirming your hearing date. You will have at least 14 days鈥� notice. The letter will include:

• the date and time of your hearing
• the address of the tribunal hearing centre, and information about the venue and how to get there
• information about claiming expenses

If you have any issues with the hearing venue, you鈥檒l need to contact us.

At the hearing you will:

• speak to the tribunal
• put forward your case
• answer any questions

Hearings you do not take part in

A paper hearing will only take place if:

• no one has asked for a hearing they can attend and take part in
• all parties agree to it
• the tribunal thinks it can decide your appeal without you attending and taking part in the hearing

You will not be told the hearing date. You and the IBCA will not attend and take part in the hearing 鈥� the tribunal will come to its decision alone. The tribunal will consider:

• the information in your appeal
• any evidence you have given
• the IBCA鈥檚 response to your appeal

You will receive a copy of the tribunal鈥檚 decision by post.

Ask to postpone your hearing

Hearings are only postponed in exceptional circumstances, for example if you are ill or cannot attend because you have another appointment. The judge may ask you to provide evidence of this.

If your hearing date is 7 days away or more and you cannot attend, you must contact us in writing to ask to postpone your hearing. Your request will be sent to a judge to review.

If your hearing date is less than 7 days away and you cannot attend, or if you cannot write to us, you鈥檒l need to call the tribunal. You can find the tribunal鈥檚 contact details.

The tribunal can hear your appeal without you there, so the judge may decide not to postpone your hearing.

Get help

You can get free help and advice from:

If you need legal advice, you can find a聽legal adviser or solicitor.

If you need help with your appeal, you can contact the HMCTS IBCA appeal helpline.

The HMCTS IBCA appeal helpline can only help you to complete your appeal, they cannot give legal advice.

England, Wales, Northern Ireland or outside the UK

Scotland

Find out about call charges

Contact us

You can contact us in writing about your appeal or hearing.

England, Wales, Northern Ireland or outside the UK

Scotland