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Social Security and Housing Benefits Act 1982

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13Appeals

(1)Where an insurance officer has determined a question referred to him under section 12(1) of this Act any person aggrieved by his decision may appeal to a local tribunal; but where—

(a)there has arisen a question for determination by the Secretary of State under section 11 of this Act;

(b)that question has been determined ; and

(c)the insurance officer certifies that the decision on that question is the sole ground of his decision ;

no appeal lies under this section without leave of the chairman of the local tribunal.

(2)Where a local tribunal has taken any decision in respect of a question referred to it under section 12(2) or (4) of this Act or on an appeal brought under subsection (1) above, an insurance officer or any person aggrieved by the decision may, subject to section 15 of the [1980 c. 30.] Social Security Act 1980 (1eave required for appeal from local tribunal to Commissioner), appeal to a Commissioner.

(3)An appeal to a local tribunal under subsection (1) above shall be brought by giving notice of appeal at a local office before the expiry of the period of 28 days beginning with the date on which notice of the insurance officer's decision was given to the appellant in accordance with section 12(8) of this Act or within such further time as the chairman of the local tribunal may for good cause allow.

(4)An appeal to a Commissioner under subsection (2) above shall be brought by giving notice of appeal at a local office before the expiry of the period of three months beginning—

(a)in a case where leave to appeal is required, with the date on which leave was given for the appeal; or

(b)in any other case, with the date on which notice of the tribunal's decision was given to the appellant;

or within such further time as a Commissioner may for special reasons allow.

(5)A notice of appeal under subsection (3) or (4) above shall be in writing and shall contain a statement of the grounds upon which the appeal is made; and regulations may provide for copies of the notice to be sent by the Secretary of State to prescribed persons.

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