The Tribunals Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter. They can only accept a late appeal if there are special circumstances that caused the delay. These could be a death, a serious illness, absence abroad, a postal strike or some other special circumstance. You should include an explanation of why you could not appeal within one month on the form.
A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted. They will look at:
- if there were special circumstances for the delay
- the length of time since you received the decision
- if it is in the interests of justice that your appeal is accepted, and
- if your appeal is reasonably likely to succeed.
The Tribunals Service cannot accept a late appeal if the only reason is that you misunderstood the law, or interpretation of the law has changed since the decision was made.
Your appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.