Chapter 3: Enforcement Section 35: Appeals against decisions under section 34
This Section sets out a person’s right to appeal to the First-tier Tribunal against the decision not to award compensation or against the amount of the compensation payable under Section 34.
	An appeal must be brought within 28 days beginning on the day the Secretary of State notified the person claiming compensation whether compensation would be paid, or the amount to be paid (if payable).
	Where the decision appealed against is the decision not to award compensation, subsections (3) and (4) give the Tribunal the power to confirm or quash the decision that is being appealed and where it is quashed, to order the Secretary of State to pay compensation of an amount determined by the Tribunal or refer the decision back to the Secretary of State to retake the decision in accordance with its ruling.
	Where the decision appealed against is the amount of compensation awarded, subsection (5) provides that the Tribunal may confirm the amount of compensation awarded, vary the amount of the compensation or require the Secretary of State to retake the decision that is appealed in accordance with its ruling.
	Subsection (6) provides that an appeal against the decision not to award compensation or against the amount of the compensation may be made on the grounds that the decision appealed against was based wholly or partly on an error of fact or that the decision appealed against was wrong in law. Appeals against the amount of the compensation may also be made on the ground that the amount of the compensation was unfair or unreasonable for any other reason.
	Subsection (7) provides that the Tribunal may review any facts on which the decision to appeal was based and take into account evidence not available to the Secretary of State and subsection (8) provides that the Tribunal cannot direct the Secretary of State to pay any compensation that they would not be otherwise be liable to pay under Section 34(2).