The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

Late application for a revision E+W+S

49.—(1) The period of one month specified in article 48(6)(a)(i) or (13)(i) above may be extended where the conditions specified in the following provisions of this article are satisfied.

(2) An application for an extension of time under this article shall—

(a) be made—

(i) before 1st July 2000; and

(ii) by a relevant person or a person acting on his behalf; and

(b) contain—

(i) particulars of the grounds on which the extension of time is sought; and

(ii) sufficient details of the decision which it is sought to have revised to enable that decision to be identified.

(3) The application for an extension of time shall not be granted unless the person making the application or any person acting for him satisfies the Secretary of State that—

(a) it is reasonable to grant that application;

(b) the application for a decision to be revised has merit; and

(c) special circumstances are relevant to the application for an extension of time, and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.

(4) In determining whether it is reasonable to grant the application for an extension of time, no account shall be taken of the following—

(a) that the person making the application for an extension of time or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by article 48(6)(a)(i) or (13)(i)) above; or

(b) that a Child Support Commissioner or a court has taken a different view of the law from that previously understood and applied.

(5) An application under this article for an extension of time which has been refused may not be renewed.