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The Social Security and Child Support (Decisions and Appeals) Regulations 1999

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CHAPTER VE+W+SDECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

APPEAL TRIBUNAL DECISIONSE+W+S

Decisions of appeal tribunalsE+W+S

53 .—[F1(1) Every decision of an appeal tribunal shall be recorded in summary by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

(2) The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

(3)  As soon as may be practicable after an appeal or referral has been decided by an appeal tribunal, a copy of the decision notice F2 ... shall be sent or given to every party to the proceedings who shall also be informed of—

(a)his right under paragraph (4); and

[F3(b)except in the case of an appeal under the Vaccine Damage Payments Act, the conditions governing appeals to a Commissioner.]

[F4(4) [F5Subject to paragraph (4A),] a party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54 and following that application the chairman, or in the case of a tribunal with only one member, that member shall record a statement of the reasons and a copy of that statement shall be given to every party to the proceedings as soon as may be practicable.]

[F6(4A) Where—

(a)the decision notice is corrected in accordance with regulation 56; or

(b)an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.]

(5) If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (4) shall include the reasons given by the dissenting member for dissenting.]

Textual Amendments

Modifications etc. (not altering text)

Late applications for a statement of reasons of tribunal decisionE+W+S

54 .—[F1(1)  The time for making an application for F7 ... the statement of the reasons for a tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but [F8 , subject to [F9 regulation 53(4A) ] , ] no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.

(2) An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.

(3) An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).

(4) The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.

(5) For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that—

(a)the special circumstances specified in paragraph (6) are relevant to the application; or

(b)some other special circumstances are relevant to the application,

and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 53(4).

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

(a)the applicant or a [F10partner] or dependant of the applicant has died or suffered serious illness;

(b)the applicant is not resident in the United Kingdom; or

(c)normal postal services were adversely disrupted.

(7) In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(8) In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following—

(a)that the person making the application 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 these Regulations); or

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

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

(10) The panel member who determines the application shall record a summary of his [F11determination] in such written form as has been approved by the President.

(11) As soon as practicable after the [F11determination] is made [F12notice] of the decision shall be sent or given to every party to the proceedings.

(12) Any person who under paragraph (11) receives [F13notice] of the [F11determination] may, within one month of the decision being sent to him, apply in writing for a copy of the reasons for that decision and a copy shall be supplied to him.

F14( 13 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

Record of tribunal proceedingsE+W+S

55 .—[F1(1) A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman, or in the case of an appeal tribunal which has only one member, by that member, in such medium as he may direct.

[F15(2) The clerk to the appeal tribunal shall preserve—

(a)the record of proceedings;

(b)the decision notice; and

(c)any statement of the reasons for the tribunal’s decision,

for the period specified in paragraph (3).

(3) That period is six months from the date of—

(a)the decision made by the appeal tribunal;

(b)any statement of reasons for the tribunal’s decision;

(c)any correction of the decision in accordance with regulation 56;

(d)any refusal to set aside the decision in accordance with regulation 57; or

(e)any determination of an application under regulation 58 for leave to appeal against the decision,

or until the date on which those documents are sent to the office of the Social Security and Child Support Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.

(4) Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.]]

Textual Amendments

Modifications etc. (not altering text)

Correction of accidental errorsE+W+S

56 .—[F1(1) The clerk to the appeal tribunal [F16or a legally qualified panel member] that member, may at any time correct accidental errors in [F17the notice of any decision] of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act.

[F18(2) A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.]

(3) In this regulation and regulation 57, “relevant enactment” has the same meaning as in section 28(3).]

Textual Amendments

F16 Words in reg. 56(1) substituted (19.6.2000) by The Social Security and Child Support(Miscellaneous Amendments) Regulations 2000 ( S.I. 2000/1596 ), regs. 1, 30

Modifications etc. (not altering text)

Setting aside decisions on certain groundsE+W+S

57 .—[F1(1) On an application made by a party to the proceedings, a decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act, may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that—

(a)a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;

(b)a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.

(2)  In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless F19 ... that member is satisfied that the interests of justice manifestly so require.

[F20(3) An application under this regulation shall—

(a)be made within one month of the date on which—

(i)a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or

(ii)the statement of the reasons for the decision is given or sent in accordance with regulation 53(4),

whichever is later;

(b)be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;

(c)contain particulars of the grounds on which it is made; and

(d)be sent to the clerk to the appeal tribunal.]

(4) Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

[F21(4A) Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 53(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 53(4) and (4A).]

(5) Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.

[F22(6) The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.

(7) An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and shall be determined by a legally qualified panel member.

(8) An application for an extension of time shall not be granted unless the panel member is satisfied that—

(a)if the application is granted there are reasonable prospects that the application to set aside will be successful; and

(b)it is in the interests of justice for the application for an extension of time to be granted.

(9) For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that—

(a)the special circumstances specified in paragraph (10) are relevant to that application; or

(b)some other special circumstances exist which are wholly exceptional and relevant to that application,

and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).

(10) For the purposes of paragraph (9)(a) the special circumstances are that—

(a)the applicant or a partner or dependant of the applicant has died or suffered serious illness;

(b)the applicant is not resident in the United Kingdom; or

(c)normal postal services were disrupted.

(11) In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.

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

Textual Amendments

Modifications etc. (not altering text)

[F23[F24Provisions common to regulations 56 and 57E+W+S

57A.— F25 [F1( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) There shall be no appeal against a correction made under regulation 56 or a refusal to make such a correction or against a determination made under regulation 57.

(3) Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.]]]

Textual Amendments

[F26Service of decision notice by electronic mailE+W+S

57AA.  [F1For the purposes of the time limits in regulations 53 to 57, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.]]

Textual Amendments

[F27 Interpretation of Chapter VE+W+S

57B.—[F1(1) In Chapter V, except in regulations 58 and 58A—

“Commissioner” includes Child Support Commissioner;

“decision” includes a determination on a referral.

(2) In Chapter V—

“decision notice” has the meaning given in regulation 53(1) and (2).]]

Textual Amendments

APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)E+W+S

Application for leave to appeal to a Commissioner from an appeal tribunalE+W+S

58 .—[F1(1) [F28Subject to paragraph (1A),] an application for leave to appeal to a Commissioner from a decision of an appeal tribunal under [F29section 13 of the 1997 Act or under] section 12 or 13 shall—

(a)be [F30sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent] a written statement of the reasons for the decision against which leave to appeal is sought; and

[F31(b)be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;

(c)contain particulars of the grounds on which the applicant intends to rely;

(d)contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and

(e)if the application is made late, contain the grounds for seeking late acceptance.]

[F32(1A) Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings—

(a)the decision notice is corrected in accordance with regulation 56; or

(b)an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.]

(2) Where an application for leave to appeal to a Commissioner is made by the Secretary of State [F33or the Board], the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

F34( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(4) A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.]

(5) Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) [F36or (1A)] but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

[F37(6) Where an application for leave to appeal against a decision of an appeal tribunal is made—

(a)if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or

(b)if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.]]

Textual Amendments

F33 Words in reg. 58(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 27

Modifications etc. (not altering text)

[F38Appeal to [F39the Upper Tribunal] by a partnerE+W+S

58A.   A partner within the meaning of section 2AA(7) of the Administration Act (full entitlement to certain benefits conditional on work-focused interview for partner) may appeal to [F40the Upper Tribunal] under section 14 from a decision of [F41the First-tier Tribunal] in respect of a decision specified in section 2B(2A) and (6) of the Administration Act . ]

Textual Amendments

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