Memo DMG 33/11
APPLYING TO THE FIRST-TIER TRIBUNAL FOR
ACCEPTANCE OF WITHDRAWAL OF APPEAL BY
TELEPHONE

Contents     Paragraphs
Introduction     1
Background      2 - 3
Action to take on telephone call request to withdraw an appeal 4 - 5
Reinstatement of appeal      6 - 8
Annotations  
Contacts
INTRODUCTION
1      The guidance contained in this memo is to advise DMs of circumstances in which an
appeal may be referred to the FtT for them to decide whether to waive the requirement
that an appeal must be withdrawn in writing. This guidance only applies to cases
where the appeal response has not yet been submitted to HMCTS and the appellant
informs the DWP by telephone that they do not wish to continue with the appeal. If the
case has already been submitted to HMCTS then any request to withdraw the appeal
should be directed to HMCTS (see DMG 06192).
BACKGROUND
2      For the DM to be able to discontinue action on an appeal where it has not yet been
sent to HMCTS, the appellant or their representative must give written notice that they
do not wish the appeal to proceed1. However, if the appeal is still “live” such as where
the appellant has stated their request to withdraw their appeal in a telephone call but
fails to follow it up in writing, the DM would still have to write the appeal response and
HMCTS would have to arrange a hearing. This is inconsistent with the overriding

objective of dealing with cases fairly and justly2 as these steps are unnecessary if the
appellant clearly does not want to proceed with their appeal.
1 SSCS (D&A) Regs, reg 33(10); 2 SEC (FtT) Rules, rule 2(2)
3      The DM’s powers in this situation are limited to discontinuing DWP action on the
appeal only where the appellant or their representative has given written notice that
they do not wish to continue with the appeal. The FtT’s powers are different. The FtT
can accept a withdrawal request at any point after the notice of appeal is received by
the DM1 and this includes waiving the requirement for a withdrawal request to be sent
or delivered to the FtT in writing2.
1 TP (FtT) (SEC) Rules, rule 17(1); 2 rule 7(2)
ACTION TO TAKE ON A TELEPHONE CALL REQUEST TO
WITHDRAW AN APPEAL
4      Where a request to withdraw the appeal is received from the appellant by telephone
and the case has not yet been submitted to HMCTS, the DM should advise the
appellant that we need their request in writing before we can discontinue the appeal. A
note should be made of any response the appellant makes to this request (for
example, do they simply refuse or do they give a reason why they cannot provide a
written request). Under no circumstances must the DM express any view as to
whether the appellant should withdraw their appeal. Work on the appeal will then stop
to await the written confirmation that the appellant or their representative wishes to
withdraw the appeal.
Note: See CAP Bulletin 03/11 for details of the process to follow and relevant forms to
complete.  
5     Where
1.      the appellant sends confirmation in writing, then the DM can discontinue the
appeal1 as per existing guidance (see DMG 06191) or
2.      no written request is received, the case should then be referred to HMCTS for
the FtT to make a decision as to whether the requirement to notify withdrawal in
writing can be waived. In these cases the FtT have delegated to the tribunal
clerk the function of waiving the requirement for a withdrawal to be made in
writing2.
1 SS CS (D&A) Regs, reg 33(10); 2 Practice Statement on the Delegation of Functions to Staff in Relation to the Social
Entitlement Chamber of the FtT

REINSTATEMENT OF APPEAL
6      Where the decision is to accept the telephone withdrawal request and so the appeal is
withdrawn, the appellant is still able to make an application to the FtT to re-instate the
appeal1 as per DMG 06229. Any such application for re-instatement should be made
to the FtT within one month of the date that HMCTS received the application for
accepting withdrawal from DWP. This date will be on the notification that HMCTS
issue to the appellant.
1TP (FtT)(SEC) Rules, rule 17(4) & (5)
7      If the appellant sends an application for re-instatement to DWP this should be
forwarded to HMCTS clearly stating the date the request was received in the DWP
office.
8      Where the DM has discontinued action on the claimant’s appeal as per paragraph 5 1.
above, the claimant is still able to make an application to the FtT for re-instatement of
the appeal within one month of the date the DM discontinued action on the appeal.
The DM should refer any such application to HMCTS. DMs should be aware that the
note at DMG 06191 no longer applies.
Note: See CAP Bulletin 03/11 for details of the process to follow and relevant forms to
complete.
ANNOTATIONS
Please annotate the number of this memo (Memo DMG 33/11) against DMG
paragraphs 06190 and 06229.
CONTACTS
If you have any queries about this memo, please write to Decision Making and
Appeals (DMA) Leeds, GS36, Quarry House, Leeds. Existing arrangements for such
referrals should be followed, as set out in Memo DMG 14/11  - Obtaining legal advice
and guidance from DMA Leeds.
DMA Leeds: December 2011