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Late appeals

You appeal may not be accepted if you launch it more than one calendar month after the date on your decision letter.

The Appeals Service can only accept a late appeal if there are special circumstances that caused the delay. For example, a serious illness, absence abroad or postal strike.

You should include an explanation of why you could not appeal within one month on your appeal form or letter.

A legally qualified Appeals Service member will look at the reasons you have given for your late appeal and will decide if it can be accepted.

They will look at the following factors:
  • Whether there were special circumstances for the delay
  • The length of time since you received our decision
  • Whether it is in the interests of justice that your appeal is accepted
  • Whether your appeal is reasonably likely to succeed
The Appeals 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 also be accepted if you appeal 13 months or more after the date on your decision letter.

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