Social Security Tribunal Rules of Procedure

Marginal note:If a party files evidence after a deadline

• 42 (1) The Tribunal must not consider any evidence that a party files after a filing deadline set by the Tribunal or these Rules unless it gives the party permission to use that evidence.

• Marginal note:What factors the Tribunal considers

  (2) When deciding whether to give a party permission, the Tribunal must consider any relevant factor. For example, the Tribunal considers whether

  • (a) the evidence is relevant;

  • (b) the evidence is new;

  • (c) the party could have filed the evidence earlier;

  • (d) giving permission would be unfair to a party; and

  • (e) giving permission would cause delays.

• Marginal note:Deciding without arguments from other parties

  (3) The Tribunal decides whether to give permission without asking the other parties for arguments unless fairness requires the Tribunal to ask.